✦ High Court of India · 25 Nov 2025

1. Sandhya Kalyan v. 1. The State of Telangana

Case Details High Court of India · 25 Nov 2025
Court
High Court of India
Decided
25 Nov 2025
Bench
Not available
Length
1,240 words

Petition Under Article 226 of lhe Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Wril more particularly a Writ of Mandamus directing the Respondent No. 3 to release the vehicles with registration No, AP 26 TC 1314 to Sandhya Kalyan (Petitioner No. 1 ), TS16 UC 5382 to Syed Nisar Udd in(Petitioner No. 2) and IMP 40 GA 0411 to Shaik Mukheed(Petitioner No. 3) to the petitioners respectively. - l.A.NO:1 OF 2025 Petition under Section 151 cPC praying that in the cirr:r mstances stated in the affidavit filed in support of the petition, the High court nay be pleased to direction the respondent Nos. 2 to 4 to grant interim custody o the Vehicles to the Petitioners respectively pending this writ petition. I.A.NO:2 OF 202s Betweeh: 2 andhya Samuel, Aged 28 ye z rs, Occ ; Business, akasipet, Bodhan, Nizamaba, j '1 . Sandhya Kalyan, S/o S R/o H No. 1- 1- 1240, R Syed Nisar Uddin S/o Syed Riyaz Uddin, Aged 34 yr: rrs, Occ; Business, R/o H. No. 1- 1Bl59lA, Sainagar, Saloora, Bodhan, Niz rmabad. Shaik l\,4ukheed, Sio Shaik [\,4astan, Aged 30 years, Oc; , Business, R/o H. No. 1- 4- 26311A, Sharbati Canat, Bodhan, Ni2amaba,j AND .....PETITIONERS 1 The State of Telangana, Through the principal Set;r -.tary, Home Depa rtment Tela ngana Secretaliat, Hyd era bad. 2. The Superintendent of Police, Nizamabad District 3. Station House Officer, PS. Bodhan Town, Bodhan Jizamabad District 4. Jr. Assistant MRO, Bodhan Mandal, Nizamabad D s irict. 5. The Tahsildar, Bodhan IVandal Distrrct Nizamabad. .....PROPOSED I tSPONDENT No.5 Petition Under section 151 cPC praying that in the circr nstances stated rn the affidavit filed in support of the petition, the High court r ray be pleased to implead the proposed Respondent No.5 Tahsildar Bodhan as F espondent No.5 in W.P.No.254'19 OF 2025. Counsel for the Petitioners : SRI M.V.V.BASWA RAJ Counsel for the Respondent Nos.1 to 4 : Gp FOR HOME Counsel for the lmplead Respondent No.5 : M/s MALGAWE,Ij L AW FIRM The Court made the following ORDER I .l I THE HONOURABLE SRI JUSTICE N.V. SHRAVAN T{UMAR ORDER: W.P. No.254 19 of 2o.25 Heard the learned counsel for the parties and with their consent this writ petition is disposed of at the threshold.

2. This writ petition is filed seeking direction to the respondent No.3, Station House Officer, p.S. Bodhan Town, Bodhan, Nizamabad District, to release the vehicles with registration No.Ap 26 TC l3l4 to Sandhya Kalyan (Petitioner No. 1) TS 16 UC 5382 to Syed Nisar Uddin (Petitioner No.2) and Mp 40 GA 04 1 1 to Shaik Mukheed (petitioner No.3) to the petitioners rcspectively.

3. The learned counsel for the petitioners would submit that the petitioners are the o!\,ners of the subject vehiclcs that were seizcd by the respondent No.4 i r-r FIR No.33 2 of 2025 for transporting sand illegally and given custocly to the respondent No.3. It is further submitted that the subject vehicles u,ere driven by the drivers and the owners do not have knowledge about the illegal transport of the sand. Further, the owners of the vehicles were neither informed nor put on notice about the seizure of the subject vehicles by the respondents. Hence, prayed to direct the respondent No.3 to release the subject vehicles and the petitioners are ready to furnish the security for releasing the subject vehicles.

4. The learned Assistant Government pleader rppearing for the \ - respondents would submit that based on a conrp i int/rcport lodged by the respondent No.4 with regard to illegal trans without permission and documents for translrr trortation of sand rting the sand, a case has been registered in Crime No.332 of 2O2i lated 09.08.2O25 under Section 303(2) BNS; Section 2t(1) MMDARA: lection 3 of PDPP Act against the drivers of the subject vehicles and i fter investigation and confessional cum seizure panchanama, the .l r hsilclar, Bodhan, submitted a report stating that no way biil had b: :n issued for the subject vehicles and later, the Investigating Offi: Form-60 before the I Additional District and rr deposited the Se ssions Court at Nizamabad vide CPR No.185 of 2025 d,aLed, 22.t)lt

2025. However, after hnalization of investigation, an appropriate r: before the competent Court. It is further sut complainant along with report sent the subjecr respondent No.3 for safe custody and the Investigari conducting ' investigation did not seize the subj e moreover, the pe titioners did not obtain any specif ( rort will be filed rrittcd that the veh icles to the rg Officer except :t vehicles and order from any Court for releasing the subject seized vehicles.

5. Along with a copy of written instructions i1 copy of list of property sent to Magistrate has been placed before 1-ris court and a copy of the same is furnished to the learned ounsel for the petitia&ers, who wanted to pursue the matter befor: the concerned Cour[. -

6. In that view of rhe matter and now since the matter is pending before thc I Additional District and Sessions Court, Nizamabad, the petitioners arc granted liberty to make an appropriate application, along with all original documents in respecr of the ownership of the subject vehicles, before the concerned Court and pursue the matter with the concerned Court. If such an application is made by the petitioners and if it is in order, thc I Additional District and Sessions Court, Nizamabad / concerned Court shall consider the same and pass appropriate orders in accordance with law, as expeditiously as possible from the date of receipt of a copy of this order. 7 Accordingly, this writ pctition is disposed of. There shal be no order as to costs As a sequel, miscellaneous applications, if any pending, shall stand closed. ,TRUE COPY// SD/.A.V.S, PRASAD DEPUW REGISTRAR SECTION OFFICER na Secretariat, State of To

1. The Principal Secretary, Home Department Tela Telangana at Hyderabad.

2. The Superintendent of Police, Nizamabad District. 3. The Station House Officer, PS. Bodhan Town, Bodhan, Nizamabad District 4. The Jr. Assistant t\4RO. Bodhan lvlandal, Nizamabad District 5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

6. Ohe CC to SRI M.V.V.BASWA RAJ, Advocate [OPUC] 7. One CC to Ir,I/s MALGAWE'S LAW FIRIV, Advocate (OPUC) 8. Two CD Copies SA LS 1 HIGH COURT DATED:2511112025 ORDER WP.No.25419 ot 2025 Ioc,I =-.- -a \ (.' t) ,) '.,9 [I[ L'i ?iu5 .\, _/ DISPOSING OF THE W.P WITHOUT COSTS. \\

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