Writ petition challenging confiscation of auto rickshaw under Prohibition and Excise Act dismissed for non-maintainability. Court held efficacious statutory appeal remedy existed under the Act and petitioner failed to exhaust it before filing the writ.
Writ petition dismissed with liberty to approach the appellate authority under the Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
FRIDAY ,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE CHALLAKODANDA RAM
WRIT PETITION NO: 12024 OF 2020
Between:
A.Ranga Reddy, S/o A.Sai Reddy Aged about 3'l Yrs,Occ Driver, R/o H.No.1-66, Konagatupally, Hanwada [Vandal,- Mahabubnagar District,Telangana State PtN 509334
...PETITIONER
AND
...RESPONDENTS
petition under Article 226 of the Constitutlon of lndiaprayingthat in the circumstances statedin the affidavit filed therewith, the HighCourt may be pleasedto issue a writ, order ordirection more particularlyone in the nature of Writ of lr/andamus declaringtheaction of the 4thRespondent inissuing procgs.cr.No.B4l1 la|ol8 dated. 16.06.2020 thereby confiscatingthe vehicleyellow auto rickshaw bearingNo.TS06UB1452 as illegal, arbitrary,violation_of Article 14, 19 and 21 of Constitutionof lndia and contrary to the provisionsof Telangana State Prohibition andExciseAct and Rules and consequently set aside the same by releasing the vehicleby imposition of terms and conditions.
lA NO: 1 OF 2020
petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in supportof the petition, if'e-Hlgn Court may be pleasedto release the vehicle bearing ruo.rsoouB1452confiscatedby the 4th respondent pending disposal of the writpetition on terms and conditions'
Counsel for thePetitioner: SRI K.CHAITHANYA
counsel for theRespondents: GP FOR PROHIBITIONAND EXCISE
The Court madethe following:ORDER
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.12024 of 2O2O
ORDER:
The petitioner's Autorickshaw bearing No.TS-06-UB- 1452 was seized by the respondent authorities for alleged illegal transportation of 200 kg of jaggery and 4 litres of 1D liquor on 18.04.2020. Consequent to the seizure, a case was registered in Crime No.B4/116/2020 against the petitioner and one Shabbir Hussain. The petitioner was issued with a notice dated 27.O4.2020 directing to show cause as to why the subject vehicle should not be confiscated. The petitioner filed a reply dated 26.05.2020, however, 4th respondent-Deputy Commissioner of Prohibition and Excise, Mahabubnagar, passed the impugned order dated 16.06.2020 confiscating the vehicle.
Heard learned counsel for the petitioner.
It is not in dispute that though the subject vehicle was seized on 78.04.2O2O, and thereafter confiscated vide the impugned proceedings on 16.06.2020, the petitioner has not chosen to file an appeal before the appellate authority even as on date. In that view of the matter, the writ petition is not maintainable for mere release of vehicle, as an efficacious alternative remedy is available under the provisions of the T.S. Excise Act, against the impugned confiscation.
Accordingly, the writ petition is dismissed, however granting liberty to the petitioner to approach the appellate authority and avail the appeal remedy available under the Act. No costs. Miscellaneous petitions, if any pending, shall also stand dismissed.
SD/.M.MANJULA ASSISTANT REGISTRAR //TRUE COPY// SECTIO OFFICER
To,
\
HiGH COURT
DATED:07lOAl202O
ORDER
1 tl,L S T4 rg:
(
oo 2 4 AUG 2U20
WP.No.12024of 2020
DISMISSING THE WP
WITHOUT COSTS
s-
?,o
2 issues framed by the court
Whether the High Court has jurisdiction to grant a writ merely for the release of the impounded vehicle when the petitioner has not approached the statutory appellate authority.
Whether an efficacious alternative remedy exists under the Telangana State Prohibition and Excise Act against the order of confiscation.
2 provisions across 2 enactments
A.Ranga Reddy
State of Telangana and other respondents
Challa Kodanda Ram
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
