Mohammed Fajeed Uddin v. 'l . The State of Telangana

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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in seizing the Petitioners Vehicle i.e., Goods Carriage HMV Lorry bearing No. AP 25 X 4671 in fu(herance to FIR No. 3412024 on the file of Police Station EOW Cyberabad as arbitrary, illegal and volatile of Article 19, 21 of the constitution of lndia and consequently direct the respondents to release the Petitioner vehicle i.e., Goods Carriage HMV Lorry bearing No. AP 25 X 4671 from the custody of the Respondents forthwith. 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 to grant interim custody of the vehicle i.e., Goods Carriage HMV Lorry bearing No. Af'] 25 X 4671 to the Petitioner, pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioner: SRI SAfiOR RAGHAVENDER GOUD Counsel for the Respondents: GP FOR HOME w.P.NO:7235 OF 2O25 Between: Shaik Rahaman, S/o. S K Babumiya Aged about 40. years' Occ Driver' Rl/o' o;;ri"iN".116,'Ambedkar Nagar,'old Alwal, Hyderabad District' AND .,.PETITIONER 1 2 The State of Telangana, Rep. by its Principal Se Secretariat, H yderabad' Telanqana. i;;'si;ii; n6riJoniier, Eo"w cvderabad Pol Police Commissioner, Gachi Bowli, Hyderabad cretary, Department of Home ice Station, O/o CYberabad ...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 pleasedtoissuea,y'y'rit,orderordirectionmoreparticularlyoneinthenatureof WritofMandamusdeclaringtheactionoftheRespondentNo.2inseizingthe Petitioner's Vehicle i.e., Goods Carriage HMV Lorry bearing No TS 08 UL 2485 in furtherance to FIR No. 34t2O24 on the file of .Police Station EOW Cyberabad as arbitrary, illegal and volatile of Article ,19, 2,1 of the constitutiorr of lndia and consequently direct the respondents to release the Petitioner vehicle i.e., Goods No. TS 0B UL 2485 from the custody of the Carriage HMV Lorry bearing Respondents forthn'ith. IA NO: 1 OF 2025 Petition underr section 't 51 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 grant interim custody of the vehicle i.e., Goods carriage HMV Lorry bearing No. ls 08 uL 2485 to the Petitioner, pending disposal of the above writ petition, in the interest of justice. .,---: &a.---:ttntt l:*..r:i.*-.. Counsel for the Petitioner: SRI SATTOR RAGHAVENDER GOUD Gounsel forthe Respondents: GP FOR HOME w.P.NO i7286 oF 2025 Between: Sivarathri Srinivas, S/o. S. Komaraiah, Aged about 37 years, Occ. Driver, Rl/o. H.tto.O - 497, Dwarakai Nagar, Qutubullapur, Ranga Reddy District. AND ...PET|T|ONER 1 2 The State of Telangana, Rep. by its Principal Secretary, Department of Home Secretariat, Hyderabad, Telangana. ilre Station H6use Officer, EOW Cyderabad Police Station, O/o Cyberabad Police Commissioner, Gachi Bowli, Hyderabad. ...RES'ONDENTS 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in seizing the petitioner's Vehicle i.e., Goods carriage HMV JCB bearing No. TS 08 FZ 1109 in furtherance to FIR No. 3412024 on the file of Police station Eow cyberabad as arbilrary, illegal and volatile of Article 19, 21 of the constitution of lndia and consequently direct the respondents to release the Petitioner vehicle i.e., Goods Carriage HMV JCB bearing No. TS 08 FZ 1109 from the custody of the Respondents forthwith' tA NO:1OF 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 grant interim custody of the vehicle i.e., Goods carriage HMV JCB bearing No. TS 0B FZ 1',1}9 to the Petitioner, pending disposal of the above writ petition, in the interest of justice' Counsel for the Petitioner: SRI SATTOR RAGHAVENDER GOUD Counsel forthe Respondents: GP FOR HOME The Coud made the following: COMMON ORDER I t : THE HON,BLE SRI JUSTICE T' VINOD KI'IMAR W.P.Nos .7t64 7235 a!.d7 2A6 ot2025 coMMoNoRDER Since the grievance of the petitioners in all these wrlt petiuons is one and the same' they are being disposecl of by this common order. Hearcl learned Counsel for the petitioners and the learned 2. Government Pleader for Home appearing for the official respondent Nos.1 & 2, and with the consent of the learned counsel appea'ring for thc respectivt: parties' these writ petitions are taketr up for hearing and rlisPosal at admission stage' Shorn ol unnecessary details' the case of the petitioners' m

3. brief,isthattheyarctheownersofsubjectvehiclesviz',Tipperlorry bearingNos.AP2SxG461l,TipperlorrybearingNo.TSo8|JL24a5 and JCB ber:ring No TS O8 FZ llog ' respectiveiy; r'hat the aforesaid vehicles are being used by the petitioners for eakrng rlut their hvelihood bl' operating the same for transportation of ercalated soil; and that ott 19.07 2024' while their vehicles were engaged for the aforesaid purpose, thc respondents-authorities have seizecl the said vehicles from the scene of offence i e ' open land' IDPL Company' Balangar, on the ground that the said vehicles are being1 used for illegaI exca,'ation and iransportation of soil 2

4. It is the further case of the petitioners that though initially a crime was registered on the h1e of p.S. Balanagar, subsequently, the same was transferred to EOW, Cyberabad, and regrstered as FIR.No.34 of 2024; ttrat in spite of the petitioners approaching the respondents-authorities seeking release of the subject vehicles, the authorities are not releasing the said vehicles; and that if the subject vehicles are exposed to vagaries of the nature, thc same would cause damage to the vehicles resulting in consequential loss to the petitioners.

5. Per contra,learned Government pleader for Home appearing for respondents submits that initiafly though a crime was registered against thc subject vehicles on the file of p.S.Balanagar, as the same were involved in commission of offence punishable under Sections 329(31, 324(2), s26, tgo, 132, 126(21,6i, 3os(5) r/w s(s) of BNS and Section 3 of PDppA, the case was tra.nsferred to EOW, Cyberabad, and deposited the said vehicles before the principal Junior Civil Judge_ cum-Metropolitafl Magistrate, Ranga Reddy at L.B.Nagar by submitting Form-60 on 23.09.2024, which was acknowtedged by the said Court on OZ.lO.2O24.

6. Learned Government pleader further submits that if the petitioners intends to seek release of the subject vehicles, they are ,) 3 required to aPProach the concerned Court, wlth lvhom th(r subject vehicles are lc'Poslted. 7 . i havt taken notc of the respective submissions mnde Though the petitioners claim to have been eng'aged for 8. transportati,)rl of ercavated soll, admittedly the s'aid vehi':Ies were invoh,cd in commission of a crime. Further, though an FIR was rcgistered initially on the file of Balanagar Police lltation' in view of the natur(: rtf offencc. the same was transferred to EOW' C yberabad' i :rnd rcgiste re<1 as FlR.No.34 of 2024' , I Sincc, the respondents authonties on seizing the aforesald 9. vehicles, on the ground of the same being involvecl in comrnission of arr offencc lirle Flli.No.34 ol2024, have deposited the same before the concernerl (lourt i.c., Principal Junior civil Judge -cum-Me tropolital Magistratc. Rar-rga Reddy at L.B.Nagar, this Court is of the vievv that the petitioners should be relegated to approach the coucerned Court seekirrg relt ase of the vehicles Upon the petitioners approrrching the conccrnccl r}rurt secking release of the subject vehicles by rnaking arr applicatiorr. thc saicl Court shall consider the :raid app)ication in accordar-rc-c rvith 1au' and also keeping in view the lau'- laicl down by the Apex Crrtrrt in Sunderbhai Ambatal Desai o' State of Gujaratl ' - (2002)10 scc 283 4 10 Subject to the above directions, the Writ petitions are disposed of. No order as to costs 11 As a sequel miscellaleous petitions pending if aly shall stald closed. //TRUE COPY// SD/.T. TIRUMALA DEVI ASSISTANT REG|STRAR / SECTION OFFICER \ \ To

1. The Principal Secretary, Department of Home Secretariat, Hyderabad, ^ Telangana, State of Tdlangina. 2 The Station House officer]Eow cyderabad porice station, o/o cyberabad - Police Commissioner, Caini gowf i.'ftvOeia6aa"" 9. 9n" CC to SRt SATT.RRAGHAVTIioEi 66uD, Advocate topuct 4. Two CCs to Gp FoR H.ME, Hish cor-.t forln-e"Si;i" ,ir iEiLis'J;Iit 5. Two CD Copies Hyderabad. [OUT1 PSK. A t- BS 1fi 1 t HIGH COURT DATED:1 010312025 COMMON ORDER WP.Nos.7164, 7235 AND 7286 ot 20 ( 1 6E SrAr5 1? ll,rs u6 ( ,) ,+ ..J\-- tJi -rf-9 a'i DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS ?A z5 3 {I