1. Banwari Lal Sharma v. 1. The State of Telangana

4. Sri. H. Ravindra Naik, S/o. Pandu, Age. 44 yearc, Occ. Government Servant, Rl/o. H. No.7-1-632124, Sanjeeva Reddy Nagar, Hyderabad-500038. ...RESPONDENTS 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 order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents authorities in seizing the vehicle Lorry i.e., RJ 1 1 GC 7374 and Light Motor Vehicle Goods Carrier TS 0B UG 1817, by registering a F.l.R. No. 86 of 2025, dated 11' 02-2025 of P.S. Shamshabad, Ranga Reddy District, and not releasing the said vehicles in favour of the petitioners, even though the petitioners 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 14, 19 and 21 of the Constitution of lndia, the sais seizure of thc. vehick:s set aside. Consequently, direct the respondents authorities to releaser the veh cles Lorry i.e., R3 11 GC 7374 ancl Light [\/otor Vehicle Goods Carrier TS 08 UG 1817, in favour of the petitioners No. 1 and 2 respectively seized in F.l.R. No. 86 ,rf 2025, dated 11-02-2025 of P.S. Shamshambad. Ranga Reddy District. lA NO: 1 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 authorities to release the vehicles Lorry i.r:., RJ 11 GC 7374 and Light tVotor vehicles Goods carrier TS 0B UG 1817, in favour of the petitioners No. 1 and 2 respectively, seized in F.l.R. No. 86 of 2025, dated 1 1-0tL-2025 of P.S. Shamshambad. Ranga Reddy District. Counsel for the Petitioners: SRI K. VENUMADHAV Counsel forthe Respondent Nos.1 and 2: GP FOR CIVIL SUPPLIES Counsel forthe Respondent No.3: GP FOR HOME Counsel for the Respondent No.4:-- The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.595O of 2o25 ORDER: This Writ Petition is filed to declar:e the action of the respondent authorities in seizing the vehicles i.e., Lorry bearing No. RJ 11 GC 7374 and Goods Carriage LMV bearing No. TS 08 UG 1817, under the cover of panchanama in connection with Crime No.86 of 2025 of Shamshabad Police Station, Cyberabad District, as illegal, arbitrary and unconstitutional. 2 Heard learned counsel for the petitioners and 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 on record.

3. The vehicles of the petitioners i.e., Lorry bearing No. RJ 11 GC 7374 and Goods Carriage LMV bearing No. 2 ':4. TS 08 UG 1817, were seized under the cover of panchanama by respondent No.3 in connection with Crirne No.86 of 2025 of Shamshabad Police Station, Cyberabad District, under Section 318(4) of Bharatiya Nyaya Sal.hita, 2023 and Section 7 of the Essentia-l Commodities Act, 1955 (for short 'the E.C. l\ct').

4. Lealned counsel for the petitioners submitted that the petitioners are only seeking release of the said vehicles subject to the outcome of the proceedings i:nitiated against them under Section 6-4' of the E.C. ,\ct. He a-1so submitted that in similar matter i.e., W.P.No.35691 of 2024 dated 30.72.2024, this Court ha<l directed the respondents to release the vehicle subject to certain conditions. A copy of the same is filed along with this writ petition.

5. In view of the above submissions, ttLis Writ Petition 1S disposed of directing respondent No.3 to release the :-=@ffi . .. jr-': "r !7 :AJ ' ,,.i:, "/' ) vehicle i.e., Goods Carriage LMV bearing No. TS 08 UG t877, seized under the cover of panchanama in connection with Crime No.86 of 2025 of Shamshabad Police Station, Cyberabad District, in favour of petitioner No.2 subject to condition of their furnishing bank guarantee by way of Fixed Deposit for a sum of Rs.1O,OOO/- (Rupees Ten Thousand only) in favour of I I respondent No.2 and with regard to release of the vehicle i.e., Lorry bearing No. RJ 11 GC 7374 in favour of petitioner No.1 subject to condition of furnishing barrk guarantee by way of Fixed Deposit for a sum of Rs.2S,OOO/- (Rupees Twenty Five Thousand only) in favour of respondent No.2. Release of the vehicles sha-ll be subject to outcome of tJle conhscation proceedings under Section 6-A of the E.C. Act. Pending such proceedings, the petitioners are directed not to a-lienate or a-lter physical features of the subject vehicles, and are further directed to 4 produce the vehicles as and when required by the authorities concerned. No order as to costs. Miscellaneous applications, if any, pending in this writ petition, sha-ll stald closed //TRUE COPY// SD/. S.MALLIKARJUNA o ASSISTANT REGIS RAR SECTION O ICER \", 4 5 b.

7. TJ 1 The Principal Secretarv ConsumerAffairs, Food and Civil Supplies, 2 3 Secretariat Buitdings, ffre state of feii^g'r"rl"H;j:,"ioro. rhe corrector (cSr,I-ansa neoov oiiiriCtliJ.#i i""rll". rne sratron House Officer Shamshabad police"Staiio;i Cyberabad Commission^erate, Ranga ReOdy Distiiit une 9C to Sri K. Venumadhavj Advocate IOPUCI Iyo""?"t;l? Two CC to The Gp for Home, High Court for the State of Telangana, at Hyderabad[OUT] Two CD Copies GP for clvil supptibs, Hlghtili'r"'jA" s;rate of retansana, at / I HIGH COURT CC TODAY DATED:2710212025 ORDER WP.No.5950 of 2025 nE s,"TA fF 1 a -) 2 E ril ?025 ,P !,ii :: .l .r,',/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS