Remanded

Vodamputti Nagaraju v. The State of Telangana and 2 others

Telangana HC22 Feb 2021WP/3925/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the seizure of a petitioner's auto trolley during an Essential Commodities Act enquiry. The Court directed the release of the vehicle subject to conditions including a fixed deposit/undertaking, prohibition on alteration, non-transfer without clearance, and pendency of prosecution.

What did the court decide?

Direct response to release the seized auto trolley subject to conditions: fixed deposit/undertaking, no alteration, produce on demand, no transfer without clearance, pending enquiry/prosecution.

Vodamputti Nagaraju Vs The State of… — Pension and Retirement Benefits | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY,THE TWENTY SECOND DAY OF FEBRUARY 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: 3925 OF 2021

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Between:

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Vodamputti Nagaraju, S/o. Nagaiah, Aged 29 years, Occ. Business, R/o. H. No.1-49, Yedupayala Kaman, Podchenpalle Village, Papannapet Mandal, ^'4edak^District ...PETrroNER

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AND

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'1 . The State of Telangana, rep. by its Principal Secretary, Civil Supplies Department Secretariat, Hyderabad.

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The Joint Collector, (Civil Supplies) l/edak District, Telangana State,

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Station House Officer, Papannapet Police Station, Medak District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue an order or direction more^particularly one in the nature of writ of mandamus declaring the seizure of the Petitioners Vehicle Auto Trolley Bearing No. TS 35T-7468 in connection with Crime No. 03 of 2021 by the 3rd Respondent as lllegal arbitrary lmproper and one without Jurisdiction and consequently direct the Respondents 2 and 3 to release the Vehicle Auto Trolley bearing No.TS 35 T-7468 in favour of the petitioner

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lA NO: 1 OF 2021

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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 Respondent No.2 and 3 to release the Vehicle Auto Trolley bearing No. T5-35T-7468 in favour Petitioner forthwith pursuant to the Crime. No. 03 of 2021 , dt.0410112021 on the file of 3rd Respondent pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI PALLE SRIHARINATH

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Counsel for the Respondent Nos.1 & 2: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.3: GP FOR HOME The Court at the stage of admission, made the following: ORDER

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THE HON'BLE SRI^{JUSTICE T.AMARNATHGOUD}

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WRIT PETITION^NO .3925^{OF 202r}

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ORDER:

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With the consent of learned^{counselfor the petitionerand} learned Government^{Pleader for Civil Supplies, the writ petitionis} disposed ofat the admission^stage.

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Aggrieved by the action of the^{respondentsin seizing the} auto trolley bearing No.TS 35 T^{746a in connection with Crime} No.3 of 2027 on the^ground that the^{vehicle wasused for illegal} transportation of PDS rice, the^{present writ petition is filed.}

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As fairly submitted by learned^{Counsel for petitioner and} learned Government Pleader, enquiry under^{Section 6-,{ of the} Essential Commodities Act, 1955^(for short^{theAct) anC} prosecution in the crime is yet to commence'

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Enquiry under Section 6-A^{of the Actand} investigation/prosecution into the crime^{registered against} petitioner may take considerable time. Meanwhile,^{as the vehicle is} kept in the open yard exposed to sun^{and other weatherconditions} and kept idle, road worthiness of^{the vehiclemay be severely} affected. At the same time, as the^{vehicle is involvedin a crime and} violated statutory regulations, it can not^{be handed over to the} or,r,neri.even before^{proceedingsare concluded. Such course may} bolster the offender to commit further^{offencesand is not in public} interest. In the circumstances,^{the Court has to balancerespective}

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claims and take due note of public interest. In the given facts, Court is inclined to opt a middie path.

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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 3rd respondent Station House Officer, Papannapet Police Station, Medak District, as the case may be to release the vehicle after obtaining the valuation certificate from the concerned MV Inspector in issue, subject to follou ing conditions :

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(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;

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

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

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(e) the 3rd respondent-Station House Officer, Papannapet Police Station, Medak District 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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(f) the release of the vehicle shall be subject to the orders to be passed in the enquiry under Section 6-A of the Act/prosecution of

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Crime No.3 ol 2021.

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Pending miscellaneous petitions, if any, shall stand closed

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//TRUE COPY//

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Sd/- V. SUDHAR ASSISTANT REGIST

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SECTION OFFICER

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To,

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The Principal Secretarv. Civil Supplies Department, State of Telangana, Secretariat. Hvderabacj

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The Joint Cotl6ctor, (Civil Suppties) I/eda k-District, Tetangana State, 3. Station House Officer. eapannape( potiie Staiin, l/edak District. 1 9n"^{CC ro Sri pale Sriharinarh,'Advocail} fOpUCi^" 5 Two ccs to Gp for civir Suppries, High coirrt roitie State of rerangana at Hyderabad. [OUTI 6 Two ccs to GP for Home, High court for the state of rerangana at Hyderabad. IouT] 7. Two CD Copies

sl)')

HIGH COURT

TAJ

DATED:2210212021

ORDER

WP.No.3925 ot 2021

DISPOSING OF THE WP AT THE STAGE OF ADMISSION, WITHOUT COSTS

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Vodamputti Nagaraju v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

Vodamputti Nagaraju v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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