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S. Yadaiah, S/o Sathaiah, v. The State of Telangana

Telangana HC23 Feb 2015WP/3836/2015

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the illegal and arbitrary seizure of the petitioner's vehicle. Following a similar decision, the court directed the petitioner to apply for release of the car, with the authority to direct release subject to conditions regarding prior use in offences under specific rules.

What did the court decide?

Directed the competent authority to consider releasing the seized vehicle based on an application from the petitioner, subject to conditions regarding prior use in offences.

S. Yadaiah, S/o Sathaiah, Vs The State of Telangana — Motor Accident Claims | Telangana HC (2015)

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HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

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WRIT PETITION No.3836 OF 2015

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O R D E R :

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This petition is filed for a writ of Mandamus declaring the action of the respondents 2 to 4 in seizing the petitioner’s car bearing No.AP 23K 0492, as illegal and arbitrary and against the principles of natural justice and for a consequential direction to the respondents to give interim custody of the said vehicle to the petitioner forthwith.

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It is represented by the learned counsel for the petitioner that in similar circumstances, this Court has disposed of W.P.No.3747 of 2015 today giving certain directions and that the present case is covered by the said judgment, which is not disputed by the learned Assistant Government Pleader for Panchayat Raj (Telangana), Assistant Government Pleader for Revenue and Assistant Government Pleader for Home.

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In view of the said representation, following the said judgment, the writ petition is disposed of directing the petitioner to submit an application for release of the vehicle before the competent authority and the competent authority, within three days from the date of receipt of such application, examine whether the vehicle is used in committing the offence for the first and second time; and if so, consider directing release of the vehicle on payment of the prescribed penalty. If, on the other hand, the vehicle is found to have been used in commission of the offence, for three or more times, the officer concerned shall consider directing release of the vehicle after deposit of amount in accordance with Rule-12 of GO.Ms.No.15, dated 19.02.2015 and also on execution of bond along with an affidavit giving consent to produce the seized vehicle as and when required.

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Accordingly, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in

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the writ petition, shall stand closed.

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____________________________ A.RAJASHEKER REDDY, J 23.02.2015 Note: issue CC by tomorrow. B/o.t k.

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HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

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WRIT PETITION No.3836 OF 2015

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Date: 23.02.2015

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S. Yadaiah, S/o Sathaiah, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

S. Yadaiah, S/o Sathaiah, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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