High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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 not releasing the seized properties viz., (1) JCB No.AP-26-TS07 HA 2538 of the 1St petitioner, (2) Tipper No.TS12UC5932 of the 2nd petitioner, (3) Tipper No.AP 11 V 9968 of the 3'd petitioner, (4) Tipper No.AP 22 V 9891 of the 4th petitioner and (5) Tipper No.AP 26 T714O of the Sth petitioner respectively by the 3rd respondent in connection with FIR No. 44 of 2024 daled O4-O2-2O25 on the file of the 3rd respondent under Secs. 279, 326(a), 324 (3),29 (l) r/w. 3(5) BNS by giving the interim custody to the petitioners who are the registered owners of the same, as being illegal, arbitrary, and is in violation of Articles 14, 21 and 300-4 of the Constitution of lndia and consequently direct the Respondents to grant interim custody of the petitioners vehicles vide (1) JCB No.AP-26-TSO7 HA 2538 of the 1st petitioner, (2) Tipper No.TS12UC5932 of the 2nd petitioner, (3) Tipper No.AP '1 1 V 9968 of the 3rd petitioner, (4) Tipper No.AP 22 V 9891 of the 4th petitioner and (5) Tipper No.AP 26 f7140 of the Sth petitioner forthwith lA NO: 'f OF 2025 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 to release the vehicles viz., (1) JCB No.AP-26-TS07 HA 2538 of the 1st petitioner, (2) Tipper'No.TS12UC5gg2 of the 2nd petitioner, (3) Tipper No.AP 11 V 9968 of the 3rd petitioner, (4) Tipper No.AP 22 V 9891 of the 4th petitioner and (5) Tipper No.AP 26 f7140 of the sth petitioner respectively seized in connection with FIR No. 44 of 2024 daled 0410212025 on the file of the 3rd respondent under Secs.279, 326(a),324 (3),29 (t) r/w. 3(S) BNS forinterim custody of the petitioners, pending disposal of the above Wirt petition Counsel for the Petitioner: M/S. AHMED LAW FIRM Counsel for the Respondent Nos.1&3: SRI M. SRINIVAS, AGP FOR HOME Counsel for the Respondent No.2: SRI K. PAVAN KUMAR, SC FOR HYDRA.A The Court made the following: ORDER HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.5814 OF 2025 ORDER:(ORAL) This writ petition is filed by the petitioners seeking to declare the action of the respondents in not releasing their vehicles i.e., (1)JCB No. AP 26 TS 07 HA 2538, (2) Tipper No. TS 12 UC 5932, (3) Tipper No.AP 1'l V 9968, (4) Tipper No.AP 22 V 989'l and (5) Tipper No.AP 26 T 7140, respectively' seized in connection with FIR No.44 of 2024 of Bandlaguda Police Station, as being arbitrary and violative of Articles 14,21 and 3004 of the Constitution of lndia'

2. Heard learned counsel for the petitioners; Mr. M' Srinivas, learned Assistant Government Pleader for Home; and Mr' K Pavan Kumar, learned Standing Counsel for respondent No.2, and perused the material available on record.

3. The petitioners claim to be the owners of the aforesaid subject vehicles seized in connection with FlR.No.44 o1 2024 of Bandlaguda Police Station. The said FIR was registered on a complaint lodged by respondent No.2 - HYDRAA represented by its Duty Officer K. Shyamsunder Reddy alleging that the officials on duty found construction and demolition wastage dumping vehicles at FTL lakes in HYDRAA limits; that on 04.02-2025 at about 02:30 hours, they found I I I ? unauthorised construction and demolition wastage being dumped by tippers i.e., NosAP 11 V 9968, AP 26 T 7140, AP 22 V 9891, TS 12 UC 5932 and one JCB bearing No.TS 07 HA 2538, at Umda Sagar lake; Bandlaguda; the police patrolling car arrived at the spot and apprehended three drivers of Tipper vehicles and handed over them to Badlaguda Police Station.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 3 and learned Standing Counsel appearing for respondent No.2 submitted that the petitioners have effective alternative remedy by filing an application before the concerned Court for release of their vehicles.

5. Learned Assistant Government Pleader for Home also furnished written instructions and submitted that the subject vehicles have been deposited before the Chief Judicial Magistrate at Nampally, Hyderabad, along with Form No.60, and charge sheet also has been filed in Crime No.44 of 2025.

6. Considering that the subject vehicles were seized on

04.02.2025 and that the petitioners have effective remedy before the trial Court, this Court is not inclined to entertain this writ petition. However, the petitioners are granted liberty to approach the concerned Magistrate by filing appropriate application for release of the subject \ \ I I I ) vehicles. On such application being filed, the learned tt/agiskate shall pass orders thereon within a period of three days thereafter, in accordance with law.

7. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ ition stand clos ed. //TRUE COPY// S D/. T. TIRUMALA DEVI ASSIST NT REGISTRAR CTION OFFICER to',. -nu Principal Secretary Department of Home' Dr'B'R Ambedkar Telangana , ?f;S'fitff5.:J;8 #J33,Lt?.t"sponse and Asset Protection Asencv (HYDRAA) , Tn"8 3[113 T,[5 ?r"ri, 3J;,?i'iJHffi a eo r i ""ft Hvderabad. a ijl'L"bCi,i M/s. AHMED LAW FIRM, Adv.ocate [oPucl - ;. i;; 6dr'i" o. iji'l"bCi,is'nr. (. pnvnr'r KUMAR' sc FoR HYDRAA [oPUc] 7. Two CD Copies FOri'-n"orvii"Hish cburr for the-state of relansana at St ati o n' B a nd I as u d a' Hvderabad [OUTI 'GF "e BM GJP HIGH COURT DATED:2510212025 ORDER WP.No.5814 of 2025 CC TODAY -1 y\E gTAf :-.+ .i J 27FIBu6 o * .: ' : DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ €