Disposed

Rathod Ravindar v. The State of Telangana and another

Telangana HC9 Sept 2020WP/15187/2020

Case brief

AI extract

What is this about?

A special jurisdiction matter where the petitioner challenged the illegal detention of his vehicle due to alleged drunk driving. The court, upon hearing counsel, directed the respondent police station to release the vehicle immediately after the petitioner appeared with the RC Book and proof of identity.

What did the court decide?

Directed the respondent police official to release the detained vehicle to the petitioner forth upon receiving the RC Book and proof of identity.

Rathod Ravindar Vs The State of Telangana and another — Motor Accident Claims | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

¶3

WEDNESDAY, THE NINTH DAY OF SEPTEI,4BER TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION NO: 15187 OF 2020

¶7

Between:

¶8

Rathod Ravindar, S/o Gopya Nayak, Aged 28 years, Occ. Private Employee, R/o HNo.3-32,Gopya Nayak Thanda, Hangarga(K) lvledak, Telangrnr-a!-r.rr=arlr,o*.*

¶9

AND

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1 The State of Telangana, Represented by its Principle Secretary, Home Department, Secretariat Buildings, Hyderabad.

¶11

2 The Station House Officer, I,4iyapur Traffic Police Station.

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,.,RESPONDENTS

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Petition under Article 226 o'f |he 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 Writ of lt4andamus, declaring the detention of Petitioner's four wheeler vehicle beanng registration No. TS 1 5 ET 6088 since 2911012019 for alleged involvement of Drunk and Drive case as being illegal, arbitrary, without any sanction of law and consequently to direct the respondents to henceforth release the vehicle to the Petitioner in the interest of^justice

¶14

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 direct the respondents to henceforth release the Petitioners lrr'lotorcycle i.e CLASSIC-350 BSIV vehicle bearing registration No.TS 15 ET 6088 in the interest of^justice, pending disposal of the above Writ Petition

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Counsel for the Petitioner: SRI P. SHASHI KIRAN

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Counsel for Respondents: GP FOR HOME

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The Court made the following: ORDER

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-1

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HONOURABLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION NO.15187 OF 2O2O

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ORDER:

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Heard learned counsel for the petitioner and learned Government pleader for Home appearing for the respondents.

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Petitioner's allegation is that petitioner's vehicle i.e.CLASSIC-350 vehicle bearing Registration No.TS 15 ET 6088 belonging to him has been detained illegally by the 2nd respondent on the ground that driver of the said vehicle was drunk.

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The Government Pleader for Home appearing for respondents states that the vehicle was seized on 29 .1O.2O79 as the driver was not in a position to drive the vehicle and so the vehicle was detained.

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Even if the driver on that particular day was unable to drive the vehicle, that does not mean that respondents can retain the vehicle.

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Therefore, the petitioner is directed to appear before the 2nd respondent with RC Book relating to the said vehicle and also by producing proof of his identify and thereupon the 2"d respondent or other official, who has the custody of the vehicle in question, shall release the said vehicle to the petitioner forthwith.

¶28

Accordingly, this writ petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed.

¶29

SD/.B.SATYAVATHI ASSISTANT^REGISTRAR ,TRUE COPY' { SECTION^OFFICER

¶30

'o' , . ,n"^{Principal Secretary, Home Department' State of Telangana Secretariat} Buildinqs,^HYderabad s tutⁱ o n a. lm';i,r.lru^{t':l*l:',y'i&yJ} "-i,{iq^ffi 4. rwo ccs^{to GP f"' H;;;:'fit'htJ'"iloiin"s6teof Telansana(oUr)} 5. Two CD^Copies MBC N- c\r

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HIGH^COURT

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DATED:^09/09/2020

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ORDER

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WP.No.15187^{of 2020}

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DISPOSING OF THE^{WRIT PETITION}

¶37

WITHOUT COSTS

¶38

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Rathod Ravindar v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

Rathod Ravindar v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

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