In WP 11552 of 2020 pending under Article 226 and Section 151 CPC, the Telangana High Court directed the Collector to release the petitioner's seized TATA ACE vehicle conditioned on furnishing a fixed deposit receipt of Rs. 50,000.
Directed the Collector to release the seized vehicle upon furnishing a Fixed Deposit Receipt of Rs. 50,000/-.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION NO: 11552 OF 2020
Between:
Kanchu Naresh, S/o.Raja Komuraiah, Aged about 38 years, Occ. Business, R/o.Jukal village, Chityal Mandal, Jayashankar Bhupalpally District.
...pETtTtONER
AND
...RESP.NDENTS
Petition under Article 226 of the Constitution of lndia 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 respondents 2 to 4 in seizing the TATA ACE vehicle bearing No.AP36 Y 8276 in Crime No.1 31 ot 2020 on the file of Chityal Police Station, Jayashankar Bhupalpally District on the ground that the said vehicle was used for transportation of 4Obags of alleged PDS rice each 50kgs as illegal, arbitrary and consequently direct the respondents to release the TATA ACE vehicle bearing No.AP36 Y 8276 in Crime No.131 of 2019 on the file of Chityal Police Station, Jayashankar Bhupalpally District in favour of the petitioner.
lA NO: 1 OF 2020
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 2 to 4 to release TATA ACE vehicle bearing No.AP36 Y 8276 in Crime No,131 of 2019 on the file of Chityal Police Station, Jayashankar Bhupalpally District in favour of the petitioner, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI A. PRABHAKAR RAO
Counsel for the Respondents: GP FOR CIVIL SUPPLIES
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE CHALLAKODANDARAM
WRIT PETITION No.11552 of 2O2o
ORDER
Heard learned counsel For the petitioner, and learned Government Pleader for Civil Supplles Department.
The petitioner's TATA ACE Vehicle bearing Registration No.AP-36-Y8276 was seized by the 4rh respondent - Sub inspector ofPollce, Chityala Police Station, on 30.06.2020 on the allegation of illegal transportationoF 40 bags of PDS rice weighing 50 kg each, and initiated enquiry under Sectlon 64 of the Essential Commodities Act.
Havlng consldered respective submissions, as enquiry is required to be conducted, the 2nd respond e nt-Co llector (CS), Jayashankar Bhupalpally District shall release the subject vehicle on the condltlon of the petitioner furnishing Fixed Deposit Receipt (FDR) for a sum of Rs.50,000/- (Rupees Fifty thousand only) with the 2"d respondent. The petitioner shall furnish an undertaking that he shall not alienate or change the physical features of the vehicle. The 2"d respondent shall write to the RTA authority not to transfer the vehicle on any third parties name without clearance from the Civil Supplies Department. The release of vehicle is in view of the situation existing on account of COVID-19, and the release shall be subject to the orders to be passed in the pending enquiry under Section 64 of the Essential Commodities Act.
Subject to the above, the writ petition is disposed of. No costs. fvliscellaneous petitions, if any pending, shall stand closed.
! 9nuCCto Sri A. Prabhakar Rao, Advocate tOptJCl
IVP
J-
HIGH COURT
DATED:0710812020
ORDER
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2 5 AUG 2020
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WP.No.11552 of 2020
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether the impugned seizure of the petitioner's vehicle in the name of pending enquiry under Section 64 of the Essential Commodities Act is maintainable.
3 provisions across 3 enactments
Kanchu Naresh
State of Telangana, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department
The Collector (C.S), Jayashankar Bhupalpally District
The Circle Inspector of Police, Chityala Police Station
The Sub Inspector of Police, Chityala Police Station
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
