The petitioner challenged confiscation proceedings contending he was not served notice. The Court found he was served, dismissed the writ, and allowed him to file a statutory appeal within two weeks.
Writ Petition dismissed. Liberty granted to file appeal. Custody of vehicle with petitioner subject to appeal conditions.
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 COURTFOR THE STATE OF TELANGANA AT HYDERABAD
(SPecial OriginalJurisdiction)
TUESDAY ,THESEVENTEENTHDAYOF NOVEMBER TWO THOUSANDANDTWENTY
PRESENT
THE HON'BLE SRIJUSTICEP. NAVEENRAO
WRIT PETITIONNO:18240 0F 2020
Between:
Sri Kiran Kumar Mittapalli,S/o lr/ Gandhi, R/o H,No.6-70/1, ThiruvuruRoad, Penuballi lt4andal, KhammamDistrict,Telangana
...PET|T|ONER
AND
...RESPoNDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the impugned proceedings Cr.No.64/20201P&EXlA2 Dt. 1510712020 issued by the 2nd respondent, is illegal, Arbrtrary, Violative of Art 14 and 21 of the Constitution of lndia, besides Principles of Natural Justice and consequently set-aside the same.
lA NO: 1 OF 2020
Petition under section 15'1 cPC praying that rn lhe circumstances staled in the affidavit filed in support of the petition, the High court may be pleased to suspend the impugned proceedings cr.No.64i2020lP&ExlA2 Dt.1slo7l2o2o issued by the 2nd respondent, pending disposal of the Writ petition.
Counsel for the Petitioner : SRI PARSA ANANTH NAGESWAR RAO Counsel for the Respondents: Gp FOR PROHIBtTtON AND EXCTSE The Court made the following: ORDER
-2
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT oN NO. ta240 0F 2o20
ORDER:
Heard iearned counsel for petitioner and learned Government pleader for prohibition and Excise_
SD/-M.MAN ASSISTANT RE R //TRUE COPY// SECTI N OFFICER
To,
SM
HIGH COURT
DATED:1711112020
ORDER
WP.No.18240 of 2020
1 H s T/rr 7{.
:\A
o 24ll0v 2U20 (
,/
* r) ?t\I ]t.'
DISPOSINGOF THEWP
WITHOUTCOSTS
\ 1FZo,
2 issues framed by the court
Whether the Writ Petition challenging confiscation proceedings without notice is maintainable when the petitioner has been granted an interval opportunity to show cause.
Whether the High Court should entertain the writ petition considering the availability of the statutory appeal remedy.
2 provisions across 2 enactments
Sri Kiran Kumar Mittapalli
The State of Telangana
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
