Judgment · High Court
Case at a glance
Provisions considered
- Constitution of India arts. 19(1)(g), 226
- Code of Civil Procedure, 1908 s. 151
- Essential Commodities Act, 1955
Key paragraphs
- Para 55. In view of the above submissions, this Writ petition is disposed of directing the respondents to release the vehicle bearing No. TS-08-LIE-8114 subject to the peritioner furnishing bank guarantee by way offixed deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in…
Judgment
Cause title
Petition Under Article 226 of the Constitution of India 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 Mandamus. declaring the action of the respondent No. 4 in seizing the vehicle Ashok Leyland goods Bearing No TS 08 IJE 8114 of the Petitioner under the cover of seizure panchanama dated 05-09-2025 by kept the vehicle in the custody of the 4th respondent police station in connection with crime No.'l 95 of 2025 dated 05-09-2025 is illegal, arbitrary and against the principles of natural justice and also violation of Articles 19 (1) (g) of the constitution of lndia and consequenfly direct the respondents No. 2 to 4 to release the seized vehicle of the Petitioner. .tA.NO:I 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 No.2 to 4 to release the seized vehicle of the Petitioner Ashok Leyland goods carrier Bearing No TS 08 UE 81i4 in connection with Crime No. 195 of 2025 dated 05-09-2025 on the file of the 4th respondent, pending dtsposal of the main writ petition. Counsel for the Petitioner : M/s C.SUNITHA KUMARI Counsel for the Respondent Nos.1 to 3 : GP FOR CIVIL SUppLIES Counsel for the Respondent No.4 : GP FOR HOME The Court made the following ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIO N No.29960 of2025 i l
ORDER:
The Writ Petition is filed seeking a Writ of Mandamus declaring the action of respondent No.4 in seizi-ng the petitioner's vehicle bearing No.TS-08-[IE-8114 on the ground of carrying PDS rice in connection with Crime No' 195 ' of 2025 on the file of Madannapet Police Station, Hyderabad District, as illegal and arbitrary. 2 Heard leamed counsel for the petitioner, learned Govemment Pleader for Civil Supplies appearing for respondents No.1 to 3, and leamed Govemment Pleader for Home appearing for respondent No.4 and perused the entire material on record.
Leamed counsel for the petitioner submitted that in similar circumstances, this Court disposed of W.P.No.657 of 2024 on Og.Ol .2024 and directed the respondents therein to release the t vehicle with some conditions and requested to pass similar order' 4 Learned Govemment Pleader for Civil Supplies and learned Government Pleader for Home have not disputed the submission made by the learned counsel for the petitioner 2 TMO] wp _29960 -2025
In view of the above submissions, this Writ petition is disposed of directing the respondents to release the vehicle bearing No. TS-08-LIE-8114 subject to the peritioner furnishing bank guarantee by way offixed deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of respondent No.2 and also fumishing an undertaking that she wilt not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-4 of the Essential Commodities Act, 1955. The petitioner is further directed to produce the vehicle as and when required by the authorities concemed. There shall be no order as to oosts.
Miscellaneous applications, if any, pending in this Writ Petition. shall stand closed. SD/. AHMED ABDULLA KHAN TANT REGISTRAR A //TRUE COPY// ECTION OFFICER
The Principal Secretary, Consumer Affairs, Food and Civil Supplies T.S Secretariat Buildings, State of Telangana at Hyderabad. The Additional Collector (CS), Hyderabad District. ]fe Qeputy Tahsildar (CS), Madannapet, Siddipet District. The S^tation House Officer, lMadannapet, Hyderabad District. Two ccs to GP FoR crvrl supplrEs, Hi6h cou( for the State of rerangana at Hyderabad. [OUT] One CC to [vl/s C.SUNITHA KUMARI, Advocate tOpUCl Two CD Copies (A I I To 2 J 4 q 6 7 SA GJP C.C. TODAY hE Sr'A ,c O rqttlil6 C) HIGH COURT DATED:2610912025 ORDER WP.No.29960 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. €+ h lo D
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