Partly allowed

Mamidala Raju v. The State of Telangana

Telangana HC3 Jun 2021WP/12646/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking release of a seized vehicle involved in an illegal PDS rice transportation case. Pending completion of mandatory enquiry and prosecution, the Court granted conditional release requiring a valuation certificate, bank guarantee equal to the vehicle's value, and strict undertakings to the State.

What did the court decide?

The vehicle was directed to be released subject to the petitioner furnishing a bank guarantee equal to its valuation, providing an undertaking not to alienate it, and producing documents and the vehic

Mamidala Raju Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T,AMARNATH GOUD

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WRIT PETITION NO: 12646 OF 2021

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Betwee n:

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Mamidala Raju, S/o. Veeraiah, Aged 38 years, occ- Business, R/o H.No. 4-88, Kuravi, l,4ahabubabad District.

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...PETITIONER

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AND

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The State of Telangana, through Principal Secretary (Civil Supplies), Secretariat, Hyderabad

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The District Civil Supplies Officer, Mahabubabad District.

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The Station House Officer, PS Seerole, Mahabubabad District.

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..,RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^prayingthat in^the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to pass an order or direction or writ, ln the nature of Mandamus duly declaring^the action of 3rd respondent in seizing the vehicle viz., AP 16 TC⁹¹ 93,^{in respectFIR} No. 11 of 2021 daled 0810212021, registered under Sections 420^{of lndian Penal} Code and Sections 7 and B of Essential Commodities Act as illegal,^{arbitrary and} against the principles of natural^justice and consequently direct^{the 3rd respondent} to release the said vehicle forthwith in the interest of^justice.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^praying thatⁱⁿ the^{circumstancesstated in} the affidavit filed in support of the^petition, the^{High Court may be pleased to direct} the 3rd respondent to release the vehicle^{viz., AP 16 TC 9193,in respect FIR No.11} ot 2021 dated 08.02.2021, registered under Sections^{420 of lndian Penal Code and} Sections 7 & B of Essential Commodities Act^{forthwithin the interest of justice,}

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Counsel for the Petitioner: SRI P. RAMA SHARANA SHARMA

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Counsel for the Respondent Nos.¹ &^{2: GP FORCIVIL SUPPLIES}

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Counsel for the Respondent No.3: GP^{FOR HOME}

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The Court at the stage of admission made the^{following:ORDER}

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THE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.12646 OF 2O21

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ORDER:

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1 . With the consent of iearned counsel for the petitioner and learned Government Pleader for Civil Supplies, the writ petition is disposed of at the admission stage.

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Aggrieved by the action of the 3.d respondent in seizing EICHER DCM bearing No.AP 16 TC 9193 vide FIR No.t 1 of 202 I on the ground that the vehicle was used for illegal transportation of PDS rice, the prcsent writ petition is filed.

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As lairly submitted by learned Counsel for petitioner and learned Government Pleader, enquiry under Section 6-4. of the Essential Commodities Act, 1955 (for short^,the Act,) and prosecution in the crime is yet to commence.

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it appears that the vehicle was seized on the ground that petitioner purchased PDS rice from the ration card holders of villages and thandas of Kuravi, Mahabubabad Mandal areas for selling on higher rate and thereby cheating the people and the government, therefore, liable for penal action.

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Enquin' under Section 6-A of thr: Act and ir-rvestigzrIion7prosecution into the r:rintc registercd irgainst thc pctitioner mav takc considcrable timc. Meartu,hilc, ars the vchic.le is kr:p.t in Lhc open -r'arcl exposed to sun ilncl otiler \.e.rrhcr.conciitior-rs i,il(i liCpt irllr, roirtl \'ortitin(.ss Ol thc, r,chiclt, ntrLr.' l)e scr.t,reir alli'r'tcd. At thc samc limc, as tl-re vehicle is jrrvolvecl in a crirnc

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and violated statutory regulations, it can^{not be handed overto the} owner even before^{proceedingsare concluded. Suchcoursemay} bolster the offender to commit further offences^{and is not in pubiic} interest. In the circumstances, the Court has to balance^respective claims and take due note of public interest. In the^{given facts,} Court is inclined to opt a middle^path.

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In view of the same and having^regard to the^factsand circumstances of the case, without^{expressingany opinionon} merits, the writ^petition is^{disposedof directingthe respondents} concerned, as the case may be,^{toreleasethe vehicie alter} obtaining the valuation certificate^{from theconcernedMV} Inspector in issue, subject to^{followingconditions:}

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(a) Respondents concerned are^{directed to finalize proceedings} under Section 6-A of the Act^{expeditiously, preferably u'ithin a} period of eight weeks from the date^{of receipt of copy of this order'} However, pending finalization of^{Section6-A proceedings, the} respondents concerned are^{directedto reiease the vehicleafter} obtaining the valuation certificate^{from theconcernedMV} Inspector subject to the^{petitioner shall furnish bankguarantee for} an amount valued by^{the concerned MV Inspector for the equal} sum;

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(c) he shall furnish an undertaking^{in u'ritingthat he rtill not} alienate or change the^{physical features of the vehicle;}

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(d) he shall produce the vehicle^{whenever required;}

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(e) he shall furnish the copies of R.C. Book of the vehicle and driving licence of the driver;

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(0 the respondents concerned shall write to the RTA authorities not to entertain any application to transfer the vehicle in question on any third party's name without clearance from the Civil Supplies Department;

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(g) the release of the vehicle shall be subject ro the orders to be passed in the enquiry under Section 6-A of the Act/ prosecution.

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Pending miscellaneous petitions, if anr, shall stand closecl

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SD/. B.SATYAVATHI ASSISTANT REGISTRAR ,TRUE COPY// sEcTtoN oFFtcER \ To, 'l . The Principal secretary (civil Supplies), state of relangana, secretariat, Hyderabad. 2. The District Civil Supplies Officer, Mahabubabad District. 3. The Station House Officer, PS Seerole, Mahabubabad District. 4. One CC to Sri P. Rama Sharana Sharma, Advocate tOpUCl 5. Two ccs to GP for civir Suppries, High courl foi the Siate of rerangana at Hyderabad. [OUT] 6. Two ccs to GP for Home, High court for the state of relangana at Hyderabad. [our] 7. Two CD Copies. MP .- e.f

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HIGH COURT

DATED:0310612021

ORDER

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WP.No,12646 ot 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Mamidala Raju v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mamidala Raju v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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