Writ petition under Article 226 challenging declaration that seized material fell under Telangana Excise Act dismissed as withdrawn with liberty to file revision.
Writ petition dismissed as withdrawn with liberty to file revision before the State Government.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD
(Special Original J urisdiction)
FRIDAY ,THE TWENTY SEVENTHDAY OF AUGUST TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICEABHINANDKUMAR SHAVILI
WRIT PETITION NO: 9114 OF2021
Between:
Nenavath Devender, S/o Bichya,Age. 37 years, Occ. Owner of the vehicle, R/o H.No. 24-12, MedigaddaThanda Village, Amangal Mandal,Rangareddy District.
..,PETITIONER
AND
...RES'.NDENTS
Petition under Article 226 o'f \teConstitution of lndia prayingthat ln the circumstances stated in the affidavitfiled therewith, the HighCourt may be pleasedto issue an order or orders, moreparticularly one in the nature of the writ of Mandamus, by declaring the action of the respondentNo.2 in passing an order vide.cr.No. ZiatZOZttCplrcxlDl dated 20.03.2021by conformingthe order passed by the 3rd respondent vide cr.No.81/7B3|2O2Odated 1610112021,without consideringthe fact tnai, tre material carried inthe vehicleof the petitioner does not fall under the purview of section 34 (a) and section 34(e) of theTelangana Excise Act 1968as illegal, arbitrary and against theTelanganaExciseAct 1968 and also as per the rights guJtanteed bythe Constitution of lndia andconsequently declare the orderspassed by the 2nd and 3rd respondentsas baseless and does not fall underthe purview of s-ec 3a(a) and sec 34(e) ofthe Telangana Excise Act1968 and thereforedeclare that the vehicle of thepetitioner bearing No. TS-15-UB-1721seized in c.o.R No. 319 of 2020, dated 0511212020 is nota crime vehicle.
lA NO: 2 OF 2021
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the Highcourt may be pleased to directthe respondent No.4 to release the vehicleof the petitionerMaxi cab (Toofan)bearing No. TS-15-UB-1721 seized in C.O.RNo. 319 of 2020, dated 0511212020pending disposal of the above writpetition andpass
lA NO: 1 OF 2021
Petition under section 151 CPCprayingthat in the circumstances stated in the affidavit filed in support of thepetition,the Highcourt maybe pleased to set aside the order passed by the 2ndrespondentin cr. No. 29l2O21lcPElExlD1dated 20.03.2021pending disposal ofthe abovewrit petition.
Counsel for the Petitioner:SRl. CHVENKAT RAMAN
Counsel for the Respondents: GPFOR PROHIBITION& EXCISE The Court made the following:
THE HON'BLE SRI JUSTICE ABHINAND KUMIIR SHAVILI
WRIT PETITION No.9114 of 2 021
ORDER:
Court to withdraw the writ petition with liberty to the pt:titioner to file a Revision before the State Government.
SDAN.CHANDRA SEKHAR RAO ASSISiTANT REGISTRAR ,TRUE COPYII ,h
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HIGH COURT
DAIED:271081202'l
ORDER
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WP.No.9114ol 2021
Dismissingthe WP As withdrawn Withoutcosts'
() 1
3 provisions across 3 enactments
Nenavath Devender
The State of Telangana, rep.by its Principle Secretary, Prohibition an Excise
The Comissioner of Prohibition and Excise, State of Telangana
The Deputy Comissioner, of Prohibition and ExciseState, MahbubnagarDivision
The Station House Officer of Prohibition and Excise State, Kalwakurthy
ABHINANDKUMAR SHAVILI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
