Allowed

P.Chinna Yadaiah v. The State of Telangana

Telangana HC4 Aug 2020WP/11637/2020

Case brief

AI extract

What is this about?

The High Court granted a writ of certiorari to release the petitioner's vehicle seized during an enforcement under the Essential Commodities Act. Reliance was given on the payment of a deposit and an undertaking not to alter the vehicle while the pending investigation continues.

What did the court decide?

The respondent is directed to release the vehicle on furnishing a Fixed Deposit Receipt of Rs. 25,000/ or third-party surety.

P.Chinna Yadaiah Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA (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: 11637 OF 2020

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Between:

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P.Chinna Yadaiah, s/o Laxmaiah, aged about 37^{years, r/o H.No.3-56,Padmatipaily,} Devarakonda, Nalgonda District.

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...PETITIONER

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AND

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The State of Telangana, rep. by its Commissioner of Civil Supplies Department and Ex-Officio Secretary, 3rd Floor Civil Supplies Bhavan, Somajiguda, Hyderabad.

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The Joint Collector, Nalgonda District, Nalgonda

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The Station House Officer, Dindi Police Station, Nalgonda District

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...RESPONDENTS

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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 an appropriate Writ, Order or Direction, more^particularly one in the^nature of Writ of lVandamus, to declare the action of the respondent No.2 herein in^not passing orders directing the 3rd respondent to release the petitioners Auto bearing Reg.No. AP-24-W-1002 seized in Cr.No.1912020, inspite of the his readiness to furnish third party surety, as being illegal and arbitrary, and to^grant

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lA NO: 1 OF 2020

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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^pass orders directing the respondent No.2 herein to^pass orders directing the 3rd respondent herein to release the Auto belonging to the^petitioner bearing AP-24-W-1002 (worth of Rs. 25,000/- seized in Cr.No. 1912020, on furnishing the third party surety, pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI POLE VISHNU

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GP FOR CIVIL SUPPLIES

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Counsel for the Respondent Nos.1 & 2:

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Counsel for the Respondent No.3: GP FOR HOME

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The Court made the following: ORDER

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THE HON' BLE SRI ]USTICE CHALLA KODANDA RAM

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WRIT PETITION No.i1637 of 2o2o

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ORDER

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Heard learned counsel for the petitioner, and learned Government Pleader for Civil Supplies Department.

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The petitioner's Auto bearing Registration No.Ap-24-w-tooz was seized by the 3'd respondent - sHo on 15.03 .zo2o on the allegation that the vehicle was used for illegal transportation of PDS rice, and enquiry has been initiated under section 6,4 of the Essential commodities Act.

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Having considered respective submissions, as enquiry is required to be conducted, the 2nd respondent-Joint Collector shall release the subject vehicle on the condition of the petitioner furnishing Fixed Deposit Receipt (FDR) for a sum of Rs.25,000/- (Rupees Twenty five 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 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 Essentiar Commodities Act.

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subject to the above, the writ petition is disposed of. No costs Miscel laneous petitions, if any pending, shall stand closed.

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To,

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Sd/.M.MANJULA ASSISTANT REG!STRAR //TRUE COPY// sec{tklrcER

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The Commissioner oJ Ciyt] Sup_plies Department and Ex-Officio Secretary, State of relangana, 3rd Floor civil Supplies Bhavan, Somajiguda, Hyderauao

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The Joint Collector, Nalgonda District, Nalgonda

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The station House officer, Dindi Police station, Nargonda District.

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One CC to Sri Pole Vishnu, Advocate [OPUC]

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Two ccs^{to GP for Home, High court for the State of Telangana} at Hyderabad^(OUT)

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Two ccs^{to GP for civil Supplies, High court for the State of Telangana} at Hyderabad. [OUT]

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Two CD^CoPies

(

HIGH COURT

CKRJ

DATED:04/0812020

ORDER

1 HE S TA l'4:
e
oo) 2 0 AUG zUA
I

r) rFo PAT o

WP.No.11637 of 2020

DISPOSING OF THE WP

WITHOUT COSTS

)P)D'

P.Chinna Yadaiah v. The State of Telangana

Case brief

What is this about?

What did the court decide?

P.Chinna Yadaiah v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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