Partly allowed

Nalla Sridhar v. The State of Telangana

Telangana HC23 Mar 2021WP/7116/2021

Case brief

AI extract

What is this about?

Petitioner challenged non-release of seized jaggery stock, alleging illegal and arbitrary action. Court held inquiry required, directed release of stock upon furnishing a fixed deposit of Rs. 2,00,000 subject to inquiry orders under T.S. Excise Act.

What did the court decide?

Direct release of seized black jaggery stock, alum, and vehicle upon furnishing Fixed Deposit Receipt for Rs. 2,00,000-

Nalla Sridhar Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2021)

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HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD

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(Special Original J urisdiction)

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TUESDAY, THE TWENTY THIRD DAY OF^IVARCH TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRIJUSTICE K. LAKSHMAN

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WRIT PETITION NO:7116 OF 2021

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Between:

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AND

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Nalla Sridhar, S/o. Nalla Suraiah, Age. 32 years, Occ. Running Small Kiranam Shop, H.No. 1-76, Main Road, Tallapoosaplle, Warangal, Warangal ?]F,J!!l,o*r"

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The State of Telangana, rep. by its Principal Secretary, Excise Department, Secretariat, Hyderabad.

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'2. The Deputy Commissioner of Prohibition and Excise, Warangal, Warangal District.

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J. The Station House Officer, Seerole Police Station, Ir/ahabubabad.??,lgbrr..,

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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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the 2nd respondent in not passing/d irecting the 3rd respondent to release the Black jaggery Stock total 1 0000 Kgs ( '100 Quintals) that total value is Rs.'1 ,00,0001 seized in FIR No 104 of 2020, dated.1611212020, seized of petitioners stock was being illegal, arbitrary and unjust also Article 14, 1g,21 and 300-4 of the Constitution of lndia and consequently direct the 2nd respondent to order for release of the Black jaggery stock to 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^jn the affidavit filed in support of the petition, the High Court may be pleased to direct th'e respondents herein to issue orders directing the 3rd respondent to release the Black jaggery Stock total 10000 Kgs ( 100 Quintals) that total value is Rs.1,00,0001 seized in FIR No 104 of 2020, dated. 1611212020 pending disposal of the above writ petition

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Counsel for the Petitioner: SRI LAXMAIAH KANCHANI

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Counsel for Respondents: GP FOR PROHIBITION EXCISE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.711 6 0F 202L

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ORDER:

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This writ petition is filed declaring the action of the 2na respondent in not directing the 3.o respondent to release black jaggery total 10000 kgs ( 100 quintals), total va]ue of Rs. 1,00,000/- seized in FIR.No.1O4 of 2O2O dt.l6.l2.2O2O, as illegal and arbitrary and sought for a consequentia-l direction to direct the 2"d respondent to release the seized stock.

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Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise, appearing for the respondents.

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The case of the petitioner is that the 3'd respondentStation House Officer, Seerole Police Station, Mahbubabad District seized 10000 kgs (100 qr-rintals), total value of Rs.1,00,000/-, 2 quintals of Alum along with the vehicle i.e., Ashok Leyland Lorry bearing registration No.AP-02-TB-49¹¹ on the ground that he was transporting^{the said stock for illegal} manufacture of l.D.liquor.

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Having regard to the^{same, as enquiry is requiredto} be conducted, the Deputy^{Commissioner of Prohibitionand} Excise-respondent No.2^{shall releasethe seizedstock of black} jaggery of 10000 kgs (100 quintals), total^{value ofRs.1,00,000/,} 2 quintals of Alum^{along with the vehiclei'e', AshokLeyland} Lorry bearing registration^{No.AP-02-TB-491 1, on petitioner} furnishing Fixed Deposit^{Receipt(FDR) for an amount of}

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Rs.2,00,000/-(Rupees Tr.r,o Lakhs^{only) and the release shall be} subject to the orders that shall be^{passed by the respondent} authorities pursuant to the enquiry to be conducted under^the provisions of the T.S.Excise Act.

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This Writ Petition is accordingly disposed of. No costs.

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Misceilaneous Petitions, pending if any, shall also stand

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dismissed -

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//TRUE^COPY'

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SD/.K,SAILESHI ASSISTANT^REGISTRAR N-,,'

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SECTION^OFFICER

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To,'1. The Principal Secretary, Excise Department' State o{ Telangana^Secretariat' Hvderabad r of Prohibition^{and Excise' warangal' warangal}

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1. The^{DePutY Commisstonet} District.

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3 I 4 5 ,$if,i:"qi,.;f+"in""';tr.""';ssi,ulllT::"11;'l:'';","' rOUTI 6. two CD^CoPies IVBC

HIGH COURT

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DATED: 2310312021

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ORDER

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WP.No.7116^{of 2021}

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DISPOSING^{OF THE WRIT PETITION}

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WITHOUT^COSTS

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Nalla Sridhar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Nalla Sridhar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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