A relic writ petition challenging the illegal detention of the petitioner's tractor. The court observed that since an effective remedy exists before the Magistrate under Section 451 Cr.P.C., the High Court's jurisdiction was not appropriate, closing the petition without costs.
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 THESTATE OF TELANGANA: AT HYDERABAD (SPecial Original Jurisdiction)
WEDNESDAY, THE NINTHDAY OF IUARCH TWO THOUSAND ANDTWENTY TWO
PRESENT
THE HONOURABLEDT, JUSTICE SHAMEEMAKTHER
wRlT PETITION NO: 9705 OF 2022
Between:
N,4aale Venkat Reddy, S/o.Late.Gopal ReddyAge-d about53 Years, Occ RgriCulture R/o. H.N'o.1-102,Raingldem Village, Suryapeta[Vlandaland District. T.S.
...PETITIONER
AND
...RESPONDENTS
Petition under Article226 ollhe constitutionof lndiapraying that in the circumstances stated in theaffidavitfiled therewith, the High courtmay be pleased to issue writ or direction moreparticularly one in the natureof writ of mandamus to declare theaction of the respondent No.2, in illegal detainingmy Tractor bearing No.AP24AV'1047 since 2910112022without any reason is illegal, arbitrary, violativeprincipal ofnatural justice and againstthe article14, 19,21 and 30b-A Constitution oflndia. And consequently directthe respondentNo.2 release my tractor bearingNo. AP24AV1047 illegal detainingin the custody of respondent No. 2 forthwith.
lA NO: 1 OF 2022
Petition under Section 151CPC praying that in the circumstancesstated in the affidavit filed in supportof the petition, the Highcourtmay be pleased to direct the respondent No.2 release petitioners tractor bearingNo. AP24AV1047 illegal detaining in the custodyof respondentNo.2forthwith.
Counsel for the Petitioner: SRIJ. RAGHURAM
Counsel for the Respondents:SRI A'MANOJ KUMAR,AGP for HOMErep' GP FOR HOME
The Court made the following:ORDER
,
THE HON.BLE DT. JUSTICE SHAMEEM AKTHER
W RIT P TITI NNo .970s of2 22
ORDER:
This writpetition, under Articre 226 0f the constitution of India, is filed by the petitioner, wherein, the following prayer is made:
",..to lssue writ or direction, more particularly one in the nature of writ of mandamus to declare the action'of the respondent No.2 in illegal detaining my Tractor bearing No,Ap 24 AV 1047 since 29-01-2022 without any reason-is iltegal, arbitrary, violative of principles of natural justice and agains[ thie articte li, 19, 21 and 300-4 Constitution of India and'consequen y, direit the respondent No.2 release my tractor bearing No.Ap 24 AV 1047 illegal detaining in the custody of rispondent No.2 forthwith and pass any other order or orders as this Hon,ble Court deems fit and proper in the circumstances of the case...,,
sri A.Manoj Kumar, rearned Assistant Government preader for Home appearing for the respondents and perused the record.
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2
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of. No costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. There shall be no order as to costs.
SD/.V.KAVITHA
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,TRUE COPY//
ASSISTANT REGISTRAR
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SECTION OFFICER
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HIGH COURT
DATED:0910312022
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ORDER
WP.No.9705 of 2022
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether the High Court can exercise jurisdiction under Article 226 when an effective remedy is available under Section 451 Cr.P.C. to the Magistrate.
3 provisions across 3 enactments
N. Naveen Reddy
Government of Telangana
Station House Officer, Nagaram Police Station
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
