U. Krishnaiah v. The State Of Telangana

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.37516 of 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "..... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in seizure of vehicle belonging to the petitioner in P.C.O.R.No.291/2018, dated 26-09-2018, on the file of 3rd respondent as being illegal, arbitrary and consequently direct the 3rd respondent to release the above said vehicle, and to grant such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case."

At the hearing, learned Counsel for the petitioner would submit that in view of the similarity of the facts, this Writ Petition may be disposed of in terms of the interim order, dated 07.11.2017, in W.P.M.P.No.46275 of 2017 in W.P.No.37246 of 2017. A copy of the interim order in the said Miscellaneous Petition and the copies of the bills are filed along with the material papers.

Learned Government Pleader appearing for the respondents endorses the said submission.

Accordingly, there shall be a direction to the second respondent to release the petitioner's vehicle viz., TVS Star City Motor Cycle bearing Regn.No.TS-29-C-4579, subject to condition of the petitioner depositing Rs.10,000/- (Rupees ten thousand only) in favour of the second respondent by way of a Fixed Deposit from any Nationalized Bank. It is made clear that the FDR afore-stated

shall be subject to the final orders in the proceedings initiated in P.C.O.R.No.291/2018 on the file of Prohibition & Excise Station, Nalgonda District.

The Writ Petition is disposed of accordingly. Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed. No order as to costs.

_________________________ JUSTICE A.V.SESHA SAI Date :12.10.2018 dv