Disposed

Smt. Banoth Padma v. The State of Telangana and 2 Others

Telangana HC4 Aug 2020WP/11632/2020

Case brief

AI extract

What is this about?

The High Court granted relief regarding seized tractor and trailer vehicles in a criminal case. The Deputy Commissioner was directed to release the vehicles upon furnishing an FDR and undertaking as a condition pending the inquiry. The writ petition was disposed of without costs.

What did the court decide?

Release of seized tractor and trailer vehicles on condition of furnishing FDR of Rs. 50,000 and undertaking.

Smt. Banoth Padma Vs The State of Telangana and 2… — Motor Accident Claims | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE FOURTH^{DAY OF AUGUST} TWO THOUSAND AND^TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE^{CHALLA KODANDA RAM}

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WRIT PETITION NO: 11632^{0F 2020}

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Between:

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Smt. Banoth Padma,^{w/o P} arthy, aged about^{47 years, r/o RamuluThanda,} Gollacherla Dornakal,^[t4ahab ubabad District.

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...PETITIONER

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AND

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Revenue^(Excise)

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1. The State of Telangana,^{rep. by its Principal Secretary,} Department Secretariat,^Hyderabad. oal Division.

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2 ir',5-oeoutv Commissionei^{of Proh.AndExcise,Waran} fabubabad District

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3 Th; StJtroi House Officer,^{Dornakal Police Station,Ma}

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.RESPONDENTS

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Petition under Article^{226 of lhe Constitutionof lndia prayingthat in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybepleased toissueanappropriateWrit,orderorDirection,moreparticularlyoneinthenature ofWritofMandamus,declaringtheactionofthe2ndrespondentinnotpassing orders directing^{the 3rd respondentto release the Tractorand Trailorvehicles} bearingReg,No'T5.26-T.5187andT5-26-T-5,188seizedinCr.No.59/2020inspite of the readiness^{to furnishthird party surety, as being illegal, arbitrary and uniust} andconsequentlydirectthe2ndrespondenttoorderforreleaseofthevehicletothe petitioner

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IA NO: 1 0F 2020

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Petition^u nder^{Section 151 CPC praying that in the clrcumstancesstated in} the affidavit^{filed in support of the petition' the High Court may be pleased to direct} the2ndrespondenthereintoissueordersdirectingtherespondentNo.3hereinfor release of^{the Tractorand Trailor vehicles bearingReg No' T5-26-T-5187 and} T5-26-T-5188^{seizedin Cr.No. 59/2020, pending disposal of the main Writ Petition} Counsel for the^{Petitioner:M/s' PILLIX LAW FIRM}

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Counsel^{for Respondents:GP FOR PROHIBITION EXCISE}

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The Court made^{the following:ORDER}

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THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION No.11632 of 2O2O

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ORDER:

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Heard learned counsel for the petitioner, and learned Government Pleader for Prohibition & Excise Department.

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The petitioner's Tractor & Trailer vehicles bearing Registration No.TS26-T-5787 and T5-26-T-5188 was seized by the 3'd respondent - SHO on 19.03.2O2O on the allegation that the vehicle was used for illegal transportation of jaggery. A case in Crime No.59 of 2020 also came to be registered against the petitio ne r.

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Having considered respective submissions, as enquiry is required to be conducted, the 2nd respondent- De puty Commissioner of Prohibition and Excise, Warangal, shall release the subject vehicle on the condition of the petiti6ner furnishing Fixed Deposit Receipt (FDR) for a sum of Rs.50,0O0/(Rupees Fifty thousand only) with the 2nd respondent. The petitioner shall furnish an undertaking that he shall not alienate or change the physical features of the vehicle. The 2nd respondent shall write to the RTA authority not to transfer the vehicle on any third parties name without clearance from the Excise 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 in Crime No.59 of 2020.

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Subject to the above, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed.

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SD/-I.NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPY//

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\ SECTION OFFICER

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To, 1. The Principal Secretary, Revenue (Excise) Department, State of Telangana Secretariat, Hyderabad.

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The Deputy Commissioner of Proh. And Excise, Warangal Djvision.

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The Station House Officer, Dornakal Police Station, Mahabubabad District.

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One CC to [r//s. Pillix Law Firm Advocate IOPUC]

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Two CCs to GP For Prohibition Excise,High Court for the State to Telangana touTl

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Two CD Copies

IVBC

HIGH COURT

DATED:^{04/08 12020}

ORDER

WP.No.11632 of²⁰²⁰

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¶43

DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

¶45

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Smt. Banoth Padma v. The State of Telangana and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Banoth Padma v. The State of Telangana and 2 Others

Case brief

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What did the court decide?

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