High Court · 2025

4. Sri. B. Ranjith, Sub-lnspector of Police, Sadashiv Nagar Police Station, Sadashiv Nagar, Kamareddy District. ...RESPONDENTS 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 issue an order or direction more partiiularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents authorities in seizing the vehicle Ashok Leyland goods carrier bearing No. HR 74 A 4811, by registering a F.l.R. No. 306 ol 2024, daled 17-12-2024 of P.S. Sadashiv Nagar, Kamareddy District and not releasing the said vehicle in favour of the petitioner, even though the petitioner had not committed any irregularities or illegalities, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 't 4, 19 and 2 1 of the Constitution of lndia, the same maybe set aside. Consequently, direct the respondents authorities to re.lease the vehicle Ashok Leyland goods carrier bearing No. HR 74 A 4811 in favour of the petitioner, seized by registering an F.l.R. No. 306 o'f 2024, dated 17-12'2024 of P.S. Sadashiv Nagar, Kamareddy District lA NO: 1 OF 202s 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 direct the respondents authorities to release the vehicle Ashok Leyland goods carrier'bearing No. HR 74 A 4811 in favour of the petitioner, seized by registering an F.l.R. No. 306 of 2024, dated 17-12-2024 of P.S. Sadashiv Nagar, Kamareddy District Counsel for the Petitioner: SRl. K. VENUMADHAV Counsel for the Respondent Nos. 1&2: GP FOR CML SUPPLIES Counsel for the Respondent No.3: GP FOR HOME The Court made the following: ORDER a-r ORDER: THE HON'BLE SMT. JUSTICE T. MADTIAVI DEVI WRIT PETITION No.155 of 2025 1 J This Writ Petition is filed seeking the following relief: "..... to issue an order or direction more pafticularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondent authorities in seizing the vehicle Ashok kyland goods carrier bearing No.HR 74 A 4811, by registering an F.I.R. No.3O6 of 2024, dated. 17.12-2024 of P-S. Sadashiv Nagar, Kamareddy District and not releasing the said vehicle in favour of the petitioner, even though the petitioner had not committed any irregularities or illegalities, is nothing but arbitrary, illegal, null and void ald violative of principles of natura.l justice and also violative of Articles 14, 19 and 2l of the Constitution of India, the same may be set aside. Consequently direct ttre respondent authorities to release the vehicle Ashok Leytand goods carrier bearing No.HR 74 A 4811 in favour of the petitioner seized by registering an F.I.R- No.3O6 of 2024, dated 17.12.2024 of P.S. Sadashiv Nagar, Kamareddy District, arrd to pass such other order or orders......"

2. Heard Sri K. Venumadhav, learned colrnsel appea_ring lor the petitioner, learned Government Pleader for Civil Supplies appearing on behalf of respondents No. 1 & 2 and learned Government Pleader for Home appearing on behalf of respondent No.3. Perused the material available on record.

3. l,earned counsel for the petitioner submitted that the petitioner is only seeking release of the vehicle i.e., Ashok t.eyland Goods Carrier bearing No.HR 74 A 48ll subject to the outcome of the dr. I I I \ I l i 2 a"' proceedings initiated against him under Section 6-A, of the Essential Commodities Act. He also submitted that in similar matter i.e., W.P.No.28408 of 2024 dated 15.1O.2O24, this Court had directed the respondents to release the vehicle subject to certain conditions A copy of the same is filed along with this Writ Petition.

4. Learned Government Pleader appearing for respondents No. 1 & 2 objected to the same submitting that the subject vehicle is a heavy vehicle and therefore, more arnount should be directed to be deposited.

5. However, hnding that a similar vehicle was involved in the said case i.e., Ashok t eyland Dost Goods Carrier vehicle and the Court had directed the respondents to release the vehicle on furnishing a bank guarantee by way of Fixed Deposit for a sum of Rs.25,0OO/- (Rupees Twenty Five Thousand only) in favour of the respondent No.2 therein, this Court deems fit and proper to direct the respondents herein also to release the vehicle i.e., Ashok kyland Goods Carrier bearing No. HR 74 A 4811 on furnishing a bank guarantee by way of Fixed Deposit for a sum of Rs.SO,OOO/- (Rupees Fifty Thousand only) in favour of respondent No.2-The Collector (CS), Kamareddy District subject to the outcome of the confiscation I 3 I proceedings initiated under Section 6-8 of the Essential Commodities Act, 1955 and the petitioner shall give an undertaking that he will not a-lienate or alter the physical features of the subject vehicle and that he will produce the vehicle as and when required by the authorities concerned. 6 With the above observation and direction, the Writ Petition is disposed of. No order as to costs" Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. SD/-T. TIRUMALA DEVi ASSISTANT REGISTRAR \ To, //TRUE COPY// SECTION OFFICER 1 The Principal Secretary Consumer Affairs' Food and Civil Supplies' ai[:SE'Iffi *:]i,*:ryffi{Fy'fr:$,lt1r.o"oui*onsadashvNagar, KamareddY District.. i"vergp{ffi'As:"":3fJ3lf'?the state or e' ?'ls 33J1";nr . Ifl:uclt"",igi%ttr"f?Ylisn court rorthe State of rerangana, at Hyderabad [OUTI

7. Two CD CoPies BM BSvi CC TODAY SeYT1 T4 14: e d o4 JAN 2$25 a t D t: toC \.1 HIGH COURT DATED:0310112025 ORDER WP.No.155 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS