Partly allowed

Mohammed Ayub v. The State of Telangana

Telangana HC29 Nov 2021WP/26336/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition and an injunction petition seeking release of a seized lorry. The court directed release of the vehicle subject to furnishing a bank guarantee, undertaking against alienation, and specific restrictions on transfer pending inquiry under the Essential Commodities Act and IPC.

What did the court decide?

Release of the seized vehicle to the petitioner subject to furnishing a bank guarantee matching the valuation by the Motor Vanity Inspector and adherence to specified conditions to prevent alienation.

Mohammed Ayub Vs The State of Telangana — Property and Title | Telangana HC (2021)

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

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IVONDAY ,THE TWENTY NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETITION NO: 26336 OF 2021

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Between:

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lvlohammed Ayub, S/o. lvlohammed Zaiar, Aged 45^years, Occ. Driver, Rl/o. H. No.1-14-1 14, Kousar Nagar, Kagaznagar Mandal, Kumuram Bheem Asifabad District, erstwhile Adilabad District.

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...'ET'T'ONER

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AND

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The State of Telangana, Rep. By its Commissioner of Civil Supplies, Civil Supplies Bhavan, Panjagutta, Hyderabad.

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Z. The Co[ltlctor^(Civil Supplie's), Kurhuram^{BheemAsifabad District, erstwhile} Adilabad District.

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The Station House officer, Police Station^{Kaghaznagar (T), Kumuram Bheem} Asifabad District, erstwhile Adilabad District.

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...RES'ONDENTS

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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 issue a writ, order or direction,^{more particularlya writ of Mandamusdeclaring the} actions of the respondents^{No. 2 and 3 in not releasing the vehicle Goods Carriage} Light Motor Vehicle bearing^{RegistrationNo. AP 15 Y 2680 registeredon} 2ilO3l2OOB with Regional^{TransportAuthority Komrambheemseized in FIR No.} 24412021 by 3rd respondent^{is arbitrary, illegal, ultravires, null and void, and in} violation of fundamental and constitutional^{rightsof the petitioner,in the inlerest of} justice and equity.

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lA NO: 1 OF 2021

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Petition under section^{151 cPCprayingthat in the circumstancesstated in} the affidavit filed in support^{of the petition, the High court may be pleased to direct} the respondents No. 2 and^{3 to release the vehicle of the petitioner Goods Carriage} Light Motor Vehicle bearing^{RegistrationNo. AP 15 Y 2680 registeredon} Zi1OS1ZOOA with Regional^{TransportAuthorityKomrambheem seizedin} FIR No. 244t2021 by 3rd^{respondent pending disposalof the writ petition'}

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Counsel for the Petitioner^{: SRI MOHAMMEDRAHAIL AHMED} Counsel for the Respondent^{Nos.1& 2: GP FORCIVIL SUPPLIES} 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 SIU JUSTICE T.VINOD KUMAR WI{IT I'ETITION^{No.26336of 2021}

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0l{l)E Il.:

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With the cortsent of^{learned counselfor the petitionerancl} learned Government^{Pleader for Home, the writ petition is disposed ol} at the admission stage.

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Aggrieved by the^{action of the respondentsin seizing the} petitioner's vehicle bearing^{No.AP l5Y 2680 in connectionwith} Crime No.244 of^{2021 of P.S.Kaghamagar(T) for the offenceunder} Section 42OlPC, Section^{7(a) of the EssentialCommoditiesAct, 1955} (tbr shon,^'the Act') and Section^{17(e) of the T.S. PublicDistribution} Systen.r Control Act,^{2016, on the gloLrnd that the vehiclewas used tbr} illegal transportation of PDS^{rice,the present Writ Petitionis filed'}

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,) As 1airl1' submitted^{by the learnedcounsel fbl the petitionerancl} lealnecl^{(iovertrrnent} Pleaclcr',^{enquiry under Sectiorl7(a) of the} Essential Cornmodities Act, 1955^{(lor short,'theAct') and} prosecution in the crime is^yet to^commence.

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Enquiry under Section 7^{(a) of the Act and investigation/} prosecution into the crime registered^{againstthe petitioner maytake} considerable time. Meanwhile,^{as the vehicleis kept in the open yard} exposed to sun and other^{weather conditionsand kept idle,road} rvorthiness ol the vehicle may be severely affected.^{At the same time,} as the vehicle is involved in a^{crin-reand violated stattltory regulations,}

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it cannot be handed over to the owner even before proceedings are concluded. such course may borster the offender to cornmit l'urlher off'ences and is not in pubric interest. In the circumstances. the coLlrt has to baiarce respective clainrs and take dr"re note of public interest. In the given facts. Courr is inciined ro opt a rriddle path.

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In vierv o1' the same and having regard to the lacts and circumstances o1'the case, without expressing any opinion on rnerits. the writ Petition is disposed of directing the 3'd respondent/Station House Officer, P.S.Kaghaznagar (T), as the case rnay be, to release the vehicle after obtaining the valuation certificate from the concemed MV Inspector, subject to following conditions:

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(a) the petitioner shall fumish fixed deposit receipt as proof of opening of fixed deposit account for an amount valued by the concerned MV Inspector or banl< guarantee for the equal sum;

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(b) he shall l'urnish an undertaking in writing thar he will not alienate or change the phr,sicai t'eatur.es of the vehicle;

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(d) he shall furnish the copies of R.C.Book of the vel.ricle and driving licence of tl.re driver;

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(e) the 5th respondent-Station House Officer 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 Deparlment; and

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(1) the release^{ofthe vehicle shall be subject to the orders to be} passed in^{the enquiry under Section under Section 420 IPC' Section} 7(a) of^{the Act and Section 17(e) of the T'S' PublicDistribution} System^{Control Act, 2016/Prosecution of Crime No'244 of 2021 of}

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P.S.Kaghaznagar^(T)'

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Pending^{miscellaneous petitions'if any' shall stand closedin}

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the iight^{ofthis final order . No orderas to costs.} SD/.N.CHAN^{DRA SEKHAR RAO} ASSISrANr REGrilPl, //TRUE^COPY// SECTION^OFFICER to'',. tn" Commissioner of Civil Supplies' State of Telangana' Civil Supplies Bhavan' Paniaqutta.^HYderabad' 2. The'C-ollector^{(Civil Sltplies)'Kumuram Bheem Asifabad District' erstwhile} Adilabad^District. 3. The^{Station Houseofficer,} tolipg^{St"I9-l-llaghaznagar (T)' KumuramBheem} - nsitaUaa District. erstwhile Adilabad ljlstrlct. 4. One CC^{to Sri rvronammllo'C'niitAt.trn"d' AdvocateIOPUCI} 5. Two^{ccs to GP t"t ii"ii i'rjpiljl'nigh c;"t for the state of relansana} at Hvderabad [OUTI 6. i*;'CCt"i;6i-t.^{norn"' High Court for the State of Telangana} at Hyderabad lOUTl 7. Two CD^CoPies B. One SPare^CoPY SM

Z-

HIGH COURT

DATED:2911112021

ORDER

WP.No.26336 ol 2021

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//

¶43

DISPOSING OF THE WP, WITHOUT COSTS,

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tt-/"I \oL^\T

Mohammed Ayub v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohammed Ayub v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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