l So1{{ BgO9.v v. Secretariat Buildings, Hyderabad

circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the action of the 3rd respondent in not releasing the vehicle KB 3DX 2WD Backhoe Loader BSlll, with RC No. 0401682124, Chassis No. HAR3DXSSL0252O910, Registration No. TS0BEZ4435, dated 12.1 1.201 6, despite repeated representations that the petitioner is innocent and not aware of the litigation between the brothers who had taken the said vehicle on rent, as illegal, arbitrary and violative of Articles 14,21 and 300-A of the constitution of lndia, and consequently direct the 2nd respondent to probe into the matter forthwith and ensure that the 3rd respondent releases the above said vehicle, which has been unauthorized seized and kept at the police station for more than one month. IA NO: 1 0F 202s 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 3rd respondent to release the said vehicle, JCB 3DX 2WD Backhoe Loader BSlll, as interim custody to the petitioner to enable him to eke out his livelihood and repay the outstanding loan amount, pending disposal of the above writ petition, and pending disposal of the above writ petition. Counsel for the Petitioner: SRI MAJJI TRIVENI Counsel for the Respondent No.1 to 3: AGP FOR HOME Counsel for the Respondent No.4: --- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3O736 of 2o25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal at the admission stage itself. Notice to respondent No.4 is hereby dispensed with.

2. This writ petition has been filed seeking the following prayer:- RC.No.}4O 1682 124 "...declare the action of the 3rd respondent in not releasing the uehicle KB 3DX 2WD Backhoe Loader BSIII with Chassis No. HAR3DXSSLO2 52091 O Registration /Vo. TS OB EZ 4435 doted 12.11.2016 (subject uehicte) despite repeated representations that the petitioner is innocent and not awqre of the litigation between the brothers who had taken the said uehicle on rent as illegal arbitrary and uiolatiue of Articles 14, 21 and 3OOA of the Constitution of India and. consequentlg d.irect the 2nd responderut to probe into the matter forihwith and ensure that the 3rd respondent releases the aboue said uehicle which hc.s been unauthortsedly seized and kept qt the police stationfor more thqn one mortth."

3. The facts of the case in brief as stated are that petitioner claims to be owner of the subject vehicle and also obtained license from the concerned authorities. It is submitted that since \ \ the date of purchase i.e. , ,r,orl,thc year 2oL6, petitioner \,,/as leasing out the said JCB ancl also appointed an operator to operate the said vehicle. Accordingiy, oh 13.08 .2025 at about

10.00 AM one Mr.B.Prabhaker Goud approached the petitioner and requested the JCB to clemotish the ol<i constnrction and construct a big room for cornmercial purpose. on 13.08.2025, while the iemolition work is going on, the police, cherlapalli arrived to the spot and asked the driver to put the JCB at the Police station, as they have received the ccrnplzrint against the said R.Prabkraker Goud. However, the Police, cherlapalli had not prepared anv seizure report and etrc ullauthu-rizedly keeping the vehicle in their premises for months together. In this regard, petitioner approached cherlapalli Police station and made repeated recluests for return of JCB and aiso tried tq submit a written representation, however', the respondent authorities ftave not considered the same. Questioning the same, the present writ petition is filed.

4. Learned Assistant Government Pleader for Home placed on record instructions issued by Inspector of police, Cherlapally Police Station, Hyderabad, wherein it is submitted that on

13.08.2025 respondent No.4 lodged a complaint before respondent No.3, stating that her father went to USA by handing over the house at H.No.2-1-11, cherlapally. It is further submitted that on 13.08.2025, she found that her father's 3 younger brother and his wife and some others are trying to demolish the said house. When questioned about the same, they \ abused respondent No.4 and also beat her. Basing on the said complaint, FIR No.286/2025 under Sections 324(4), 329{3), 329(4), 115(2), 305(a) read with 3(5) of BNS .dated 13.08.2025 was registered against the said B.Prabhaker Goud and others and the JCB was seized accordingly. It is submitted that said JCB was deposited before the II AJCJ cum II Addl.JFCM, Kushaiguda uide Inward No.3 55312025 dated 25.Og.2O25 and. the same was kept at Police Station under safe custody.

5. Learned Assistant Government Pleader for Home further submits that since the subject vehicle is deposited before the jurisdictional court on 25.09.2025, unless and until the release order from the trial court is submitted, the respondent authorities would not be able to release the said vehicle.

6. At this stage, learned counsel for the petitioner pray this Court to grant liberty to the petitioner to seek appropriate remedy before the trial Court.

7. In that view of the matter, this writ petition is disposed of granting liberty to petitioner: to seek appropriate remedy as available under law before the trial court. II 4 B. with the above observation, this writ petil-ion is disposed of. Miscellaneous applicati<;ns, if any pending, shall stand closed. No order as to costs. //TRUE COPY/ SD/. PONNA KRISHNA ANT REGISTRAR ON OFFICER I To,

3. 4 5 6 The Principal Secretary, Department of Home, Secretariat Buildings, State of Telangana, Hyderabad. tfre Oirector General Of Police for the state of Telanga, R/o Office of the DGP, Lakdikapul Rd, opposite Ravindra Bharathi, Red Hills, Lakdikapul, Hyderabad, Telangana 500004 The lnspector of Pblice, Cherlqpalli Police Station, EC Nagar colony, Cherlapalli, Secunderabad-500 51 one cc to sRl tvlAJJl TRlvENl, Advocate [oPUC] Two CCs to GP FOR HOME, High Court forthe State of Telangana. [OUT] Two CD Copies MMT/BSK M. t { HIGH COURT DATED i1011012025 I 6 ORDER WP.No.30736 of 2025 ( Ji /.; o (-) 20mu2g5 t, ParcaEo * DISPOSING OF THE WRIT PETITON WITHOUT COSTS 1 \t 10t