The High Court · 2025

Judgment

1. 2 The State of Telangana, Rep by its Principal Secretary Prohibition dnd Excise Department Secretariat Hyderabad. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

3. The State of Telangana, Through SHO Prohibition and Excise Station, Nirmal,

Rep. by Public Prosecutor, High Court for the State of Telangana. 4. The Tahasildar and Mandal Executive Magistrate, Mamda, Dist. Nirmal. ...RESPONDENTS Petition under Article 226 of the Constrtution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus or any other appropriate writ or order or orders declaring the orders in proceeding bearing MC No. 8.126312025 Dated 06/03/2025 issued by Respondent No.4 as being arbitrary, vindictive, illegal, violative of Articles 14, 16 and 21 of the Constitution of lndia and against to the principles of Natural Justice and consequently set aside the orders in proceeding bearing MC No. 8.126312025 Dated 06/03/2025 issued by Respondent No.4. "7V lA NO: 1 OF 2025 Petition unde. 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 stay all further proceeding pursuant to the orders in proceeding bearing MC No- 8t263t2025 Dated 06/03/2025 issued by Respondent No.4 pending disposal of the above writ petition. Counsel for the Petitioner : SRI KONDADI AJAY KUMAR Counsel for the Respondents No.1&3 : GP FOR PROHIBITION EXCISE Counsel forthe Respondents No.2&4: GP FOR REVENUE The Court made the following: ORDER '*y THE I{ON'BLE SRI WSTICE T. VINOD KUMAR W.P.No. 8g73 of 2025 ORDE R G Heard learned Counsel for the petitioner, learned overnment Pleader for proh. & Excise appearing for respondent Nos.1 & 3, learned Government pleader for Revenue appearing for respondent Nos.2 & 4, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. The case of the petitioner, in brief, is that by the impugned proceeding, dt.06.03.2025, the respondents-authorities have called upon the petitioner to pay the bond amount in a sum of Rs.2 lakhs without giving an opportuniry of hearing to the petitioner to prove that he has not committed breach of the bond executed by him. 3. Petitioner further contends that the action of the respondents in issuing the impugned proceeding holding the petitioner having committed breach of the bond is an action premeditated and as such the impugned proceeding is liable to be set aside

4. Per contra, learned Government pleader lor Home appearing on behalf of respondent Nos. 1 & 3 would submit that the impugned proceeding is only a show cause notice, by which the ,/ ./ i l l petitioner was called upon to show cause within (o7) days from the to why the Petitioner should not be date of the said nolice, as for committing breach of tLLe bond adjudged for imPrisonment executed bY hirn' Learned Government Pleader further submits that the 5. petitioner ins:cad of submitting his reply to the impugned proceeding has hled the present Writ Petition claiming as if by the impugned procecding, the authorities have already adjudged the ISSUE lrarned Government Pleader further submits that since' the 6. impugned proceeding is oniy a notice' the petitioner sl-rou1d be directed to submit repiy thereto' In rep15' to the aforesaid submission made by thc learned 7. Government Pleader, learned counsel for the petitioner submits that though the impugned proceeding iS dt'06 03 2025' the same hasbeenservedonthepetitioneron15.03.2025;andtlratsince, the (O7) days period mentioned in the said notice is already over' and as the respondents have now stated before this Court of the impugnecl proceedlng to be only a show-cause notice' he seeks indulgence ol this Court to grant further time to submit reply to the said notice 'YY I t I I B I have taken note of the respective submissions made 9. Admittedly, from the language used in the impugned proceeding, it is evident that it is only a show cause notice, to which the petitioner is required to submit an explanation within (07) days, as to why the petitioner shourd nor be adjudged for imprisonment for committing breach of the bond executed bv him on 15.O4.2024.

10. It is to be noted that the Apex Court in the decision rendered in the case of Deaoldassan v. The Second. Class Exectitioe Magistrate, Ramanathapuram & Ors. r had held that before [he authorities initiating any action under Section 1I0 of Cr_p.C., the authorities are required to issue a show-cause notice and thereafter, adjudicate as to the alleged breach committed by the noticee for the authorities to take further action in the matter. I 1. Since, this Court has now found the.impugned proceeding to be only a show-cause notice, this court is of the view that the petitioner can be granted seven (O7) days time from today, to submit a reply/explanation to the impugned proceeding. Upon the petitioner fling his explanation within the time granted by this 1 crl.Appeal No.388 /2022, dt.og.o3.2022 ! Cour[, res ponden ts-authorities shall consider the same and then pass appropriate orders before taking further action in the matter'

12. Subject to the above direction, the Writ Petition .is disposed of. No order as to costs SD/-A. SRINIVASA RED AS\TtNT REGISTR DY AR I ",,"- -- --- Jsdcroru orac 'L The Principal Secretary Prohibition and Excise Department Secretariat State //TRUE COPY// ER To, of Telangana, Hyderabad.

2. The Principal Secretary, Revenue Department, Secretariat, State of Telangana, Hyderabad.

3. The Public Prr:secutor,State of Telangana, Through SHO Prohibition and Excise Statiorr, Nirmal. High Court for the State of Telangana.

4. The Tahasildar and [\/andal Executive Magistrate, Mamda, Dist Nirmal. 5, One CC to SRI KONDADI AJAY KUMAR, Advocate. [OPUC] 6. Two CCs to GP FOR PROHIBITION EXCISE, High Court for the State of Telangana. [OUT]

7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

8. Two CD Copies BSK BS ( 1 CC TODAY 1tl 6 STAT5. Y u 26 * l) t' a C'! n HIGH COURT DATED:2510312025 ORDER WP.No.8873 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .d5 [?