Disposed

G. Sudhakar v. The State of Telangana and 3 Others

Telangana HC29 Nov 2021WP/30689/2021

Case brief

AI extract

What is this about?

Writ petition filed for release of auto rickshaw seized in connection with illegal PDS rice transportation. High Court directed release subject to conditions including furnishing security, undertaking not to alter vehicle features, and ensuring no transfer of RC book without clearance.

What did the court decide?

Directed release of seized auto rickshaw upon furnishing security, undertaking regarding vehicle integrity, and restrictions on RC book transfer.

G. Sudhakar Vs The State of Telangana and 3 Others — Writ and Judicial Review | Telangana HC (2021)

¶1

HIGH COURT FOR THE F TE LAN GA NA AT- H YDESJfJE DO (rpeciat Original Jurisdiction)

¶2

MONDAY, THE TWENTY N NovE MB E R rwo rHd ir-dA ilb INIi?,A"-.F

¶3

PRESENT

¶4

THE HONOURABLE SRIJUSTICE T.VINOD KUMAR

¶5

Between:

¶6

WRIT PETITION NO:30 689 0F2 o21

¶7

) : fi :5i :#;i:zulllffilfl ffi u r:: ^.,?'n: "ilffi i r?H : : "t ]:i: ,..PETITIONER

¶8

AND

¶9

1, The State of Telanoana l"p qV its principal Secretary, Consumer Affairs. 3. The Assistant civi r s u'nnr ier okl;"i'N/;;';5, iJ6i'j,"rurrnrbuba bad District. 3 iilbtilliiffi ,.,"^,^{rsmqfi i:;'m*:i:llfu} :^1:r*#., ",., 4. The station House otriier. krrJ"ipdiiJ"'HJiiJn",'il'ri,uororbad District.

¶10

,..RESPONDENTS

¶11

Petition under Articre 226 oI the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High coirt ma"y n" pre"reo to issue an appropriate order or direction more particurirry a writ o? N/andamus declaring the action of the respondents in not releasing the vehicle ot ttre p-etitioner i.e. Auto Rickshaw bearing No.TS-03-UB-3620, which was seized ny' tne +tn respondent in crime No. 149 ol 2021 vide panchanama dated lohotzoit,tnougn the petitioner is not at all concerned with the pDS rice allegedly transporting in the Auto Rickshaw as illegal, arbitrary, abuse of process of law and violalion of principles of natural justice and consequenfly direct the respondents to forthwith release the vehicle of the petitioner i.e. Auto Rickshaw beairng No.TS-03-U8-3620, which was seized by the 4th respondent in crime No. 149 ol 2021 vide panchanama dated 10/10/2021 , in the interest of justice.

¶12

lA NO: 1 OF 2021

¶13

Petition under Section^'1 51 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 forthwith release the vehicle of the petitioner i.e. Auto Rickshaw bearing No.TS-03-U8-3620, which was seized by the 4th respondent in Crime No. 149 of 2021 vide panchanama dated 1011012021 in the interest of .justice pending disposal of the above writ petition.

¶14

Counsel for the Petitioner : SRI LAXMALLA SANDEEP Counsel for the Respondent Nos.1 to 3: cP FOR CIVIL SUPPLTES Counsel forthe Respondent No.4: GP FOR HOME

¶15

The Court made the following: ORDER

¶16

I I

¶17

THE HON,BLE^{SRI ]USTICET'VINOD KUMAR} WRIT^P o N .30 689^{of 2021}

¶18

ORDER

¶19

Withtheconsentoflearnedcounselforthepetitionerandlearned Government^{Pleaderfor Home, the writ petitionis disposed of at the} admission^stage,.

¶20

Aggrieved by the^{action of the respondents in seizing the} petitioner's vehicle bearing No.TS 03 UB 3620^{in connection with Crime} N0.149 of 202L of P.S. Kuravi, on^{the groundthat the vehiclewas used} for illegal transportation of^PDS rice, the^{present writ petition ls filed.}

¶21

As fairly submitted by the learned counsel^{for the petitionerand} Iearned Government Pleader, enquiry under Section 6-A of^{the Essential} Commodities Act, 1955^(for short, 'the Act') and^prosecution in the crime is yet to commence.

¶22

Enquiry under Section 6-A of the Act and investigation/prosecution into the crime registered against the petitioner may take considerable time. Meanwhile, as the vehicle is kept in the open yard exposed to sun and other weather conditions and kept idle, road worthiness of the vehicle may be severely affected. At the same time, as the vehicle is involved in a crime and violated statutory regulations, it cannot be handed over to the owner even before proceedings are concluded. Such course may bolster the offender to commit further offences and is not in public 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.

¶23

¶24

In view of the same and having regard to the facts and circumstances oF the case, without expressing any opinion on merits, the writ petition is disposed of directing the 4th respondent/station House officer, P.S. Kuravi, as the case may be, to rerease the vehicre after obtaining the valuation certificate from the concerned MV Inspector, subject to following conditions:

¶25

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

¶26

(b) he shall furnish an undertaking in writing that he will not alienate or change the physical features of the vehicle;

¶27

¶28

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

¶29

(e) the 4h respondent-Station House Officer shall^{write to the RTA} authorities not to^{enteftain any applicationto transferthe vehiclein} question on any third^party's name^{withoutclearancefrom theCivil} Supplies Department;^and

¶30

(0 the release of the vehicle shall be^{subjectto the ordersto be} passedintheenquiryunderSection6-AoftheAct/ProsecutionofCrime No.149 of 2021 of^P'S.Kuravi.

¶31

Pending miscellaneous^{petitions, if any, shall stand closed in the} liqht^{ol tlls- finalorder. No orygl a-s-_t9.c-9sts.}

¶32

SD/- L.SIVA^PARVATHI aitiir'r,"lii?ttu^0,/

,TRUE^COPY//

SECTION^OFFICER

To, 1 2. 4. 5. 6. lngt**ar,rumtrff*umdg::i:r,:'^]. TOUTI 7 two ccs^{to Gp for Home, rirghcourtfor the State of reranganaat Hyderabad'[our]} 8 Two CD^CoPies o One SPare^CoPY () rsm a/

¶37

HIGH^COURT

¶38

DATED:2911112021

¶39

P, E si:AIE
/, c
d o E DEclo?l
l,
* i)

¶40

ORDER

¶41

WP.No.30689 ol 2021

¶42

DISPOSING OF THEi WP WITHOUT COSTS

¶43

c ) -.S1TI

G. Sudhakar v. The State of Telangana and 3 Others

Case brief

What is this about?

What did the court decide?

G. Sudhakar v. The State of Telangana and 3 Others

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

Coram

Case details

Similar cases

Seelam Nagamani, Vs The State of Telangana and 5 others

M/s. Shri Venkateswara Sponge and Power (P) Ltd.(In Liqn.) Vs No Respondent

M/s.Plank Infratech (P) Ltd. (in liqn) Vs No Respondent

Mohammed Ayub Vs The State of Telangana

Boddu Sadesh Vs The State of Telangana and 3 others

M/s. Hanuman Road Lines Vs Government of Telengana