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High Court for State of TelanganaWP/36936/2018disposed of no costs

Sri Bhukya Ravindar v. The State Of Telangana

2018-10-22C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 36936 of 2018 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents 1 and 2 in not releasing the vehicle bearing No.AP 16 BC 1115 and the medium vehicle DCM Eicher bearing No. AP 12 W 1168 including the 40 bags of jaggery which are alleged to have been seized on 19.09.2018 as illegal and consequently direct the 2nd respondent ie., the Station House Officer, Maripeda Police Station, Mahaboobabad District, Telangana to release the said vehicles including the jaggery. 2) The Government Pleader for Prohibition and Excise, on instructions, states that the vehicles are now deposited with the Deputy Commissioner of Excise, Warangal and that the petitioner has to make an application before the concerned authority seeking release of the vehicles.

3) Having regard to the above, the present writ petition is disposed of directing the petitioner to make an application before the Deputy Commissioner of Excise, Warangal, seeking release of the above vehicles, enclosing thereto a fixed deposit for the value of the vehicles as assessed by the concerned Motor Vehicle Inspector, and on such an application

being made, the interim custody of vehicles shall be handed over to the petitioner. It is needless to mention that the petitioner shall not alienate, encumber or alter the physical features of the vehicles, till the proceedings are completed. Insofar as the jaggery is concerned, the owner of the said material shall make an application before the concerned seeking release of the same by producing required material, in which event the concerned authority shall release the same on such terms and conditions as he thinks fit. 4) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 22.10.2018 gkv