Sayyad Hakeem Sayyad Jafar v. The State Of Telangana,

[ 321e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI l WRIT PETITION NO: 35751 OF 2024 l Between:

Sayyad Hakeem Sayyad Jafar, S/o Sayyad Jaffar, Aged abgu!.52 years, R/o H.No. 9-7-1397, Rehhat Nagar, Degloor Naka, Nanded, Maharastra State431604. AND ...PETITIONER

1. The State of Telangana, Rep by Principal Secretary, Civil Suppliers Department, Secretariat, Hyderabad.

2- The District Collector, Nizamabad District, Telangana State.

3. The Mandal Revenue lnspector, Bodhan, Nizamabad District.

4. The Tahsitdar, Bodhan, l.iizama.bad District, Telangana State. '

5. The Station House Officer, Eodhan Police Station, Nizamabad Dist, Telangana State ...RE'PoNDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Pass an appropriate writ or direction, more particularly a Writ in the nature of Mandamus declaring the inaction of the 2nd respondent passing impugned orders in Case No. CS6/08/2023 Dated.01.02.2024 as illegal arbitrary and un-constitutional and consequently set aside impugned orders passed in Case No. CS6/08/2023 Dated.o'l .02.2024 by 2nd respondent and further direct the respondents to release the vehicle bearing No. MH490526. lA NO: 1 OF 2024 i Ii !

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions to the Respondents to release the vehicle bearing No. !

i MH490526 disposal of the writ petition.

Counsel for the Petitioner: SRI T.SRUJAN KUMAR REDDY Counsel for the Respondent Nos.l TO 4: AGP FOR CIVIL SUPPLIES Counsel for the Respondent No.5: AGP FOR HOME :

tt The Court made the following: ORDER i :

l i

.,1 THE HONOURABLE SMT. JUSTICE T. MADHA.VI DEVI WRIT PETITION No.35751 of 2024 ORDER:

This Writ Petition arises out of the proceedings dt.OI.O2.2O24, wherein lorry bearing No.MH490523 of the petitioner has been seized and a case in Crime No.586 of 2022 dt.3O.I2.2O22 on the file of Bhodhan Town Police Station has been registered. The petitioner is seeking interim release of the vehicle subject to confiscation proceedings .\ under Section 6-A of the Essential Commodities Act, 1955 issued by t}le authorities.

2.

Heard learned counsel appearing for the petitioner; learned Assistant Government Pleader for Civil Supplies appearing for respondent Nos.1 to 4 and learned Assistant Government Pleader for Home appearing for respondent { No.S and perused the record.

3.

The learned counsel appearing for the petitioner submits that in similar circumstances this Court disposed of the W.P.No.657 of 2024 on 09.O1.2024 and directed the respondents therein to release the vehicle with some conditions and requested to pass similar order.

t.

4.

In view thereof, this writ petition is disposed of, directing the respondents to release the vehicle, i.e., lorry bearing No.MH49O523 subject to the petitioner furnishing a bank guarantee by way of hxed deposit for a sum of Rs.50,OOO/- (Rupees fift5r thousand only) in favour of respondent No.2-District Collector, Nizamabad District and also furnishing an undertaking that he will not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the vehicle shall be subject to the outcome of the confiscation proceedirigs under Section 6-A of the Essential Commodities Act' 1955' 5.

Accordingly, with the above directio.r", this irit i Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any shalt stanQ' closed.

SD/.P,CH.NAGABHUS BA ASSISTANT RE STRAR //TRUE COPY// SECTION OFFICER 'o ,,. ,n" Principal Secretary, Civil Suppliers Department' Secretariat' Hyderabad' State of Telangana.

ih;bGtri;i bbfllector, N iza ma bad District, Telanga nq State' iii6 rr,IJ,ioir n"r!nu.j tntpe"ior, Bodnan, Nizamabad District' iil ilii]ro"r. aoon"n, Nirr.,bad District' Telang.qna State' iil: silii#Ib;; orr&;, eoonJ" Poiice Station,-Nizamabad Dist' 2.

3.

4.

5.

Telanoana State.

o;;'bt'i; 5iiii.snu.rnru KUMAR REDDY' Advocate.[oPUC] i;; 6d;i"-c'i Foi Crvrr- iijHpfre5, Hign court ror tire State of 6.

7.

Telanqana, at HYderabad. [OUT] ii,8'ic!'i; Gp i-on nolrtE, iish court for the state of relansana' at 8.

Hyderabad. [OUT] Two CD Copies 9.

PSK.

BSK

HIGH COIJRT DATED:31 t12t2024

ORDER

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WP.No.3S7S1 of 2024 0 i : '.'t'[5 J !) a.-r DI -r-'

.DISPOSING OF THE WRIT PETITION WITHOUT COSTS /7 /z /r/z /<5