Allowed

Sandaveni Anil v. The State of Telangana

Telangana HC3 Oct 2023WP/25974/2023

Case brief

AI extract

What is this about?

Petitioner challenged illegal seizure of his vehicle by the 2nd Respondent (Traffic Police). The Court referred to a prior common order (W.P.No.1647 of 2021) issuing similar relief and directed the release of the vehicle upon submission of RC, identity proof, and valid driving license.

What did the court decide?

Respondent No.2 directed to release vehicle bearing No. TS 22 F 9383 to petitioner within one week upon submission of RC, identity proof, and valid driving license.

Sandaveni Anil Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2023)

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[32e6 ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 25974 OF 2023

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Between:

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Sandaveni Anil, S/o. Sandaveni Rajaiah, Aged about 22^yearc, Occ- Business, Rl/o H.No.3-128, Esalatakkallapalli, Peddapalli District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary Department of Home, TS Secretariat Buildings, Hyderabad

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The Station House Officer, Punjagutta Traffic Police, Punjagutta, Hyderabad District

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...RESPONDENTS

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Petition under Article 226 of th,e Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate WRIT, order or direction more particularly one in the nature of WRIT OF MANDAMUS Declaring the action of the 2nd Respondent (SHO Punjagutta Traffic Police Station) illegally confining/ seizing the petitioners vehicle bearing Vehicle Number fS 22 F 9383 from intervening night of dt 09.09.2023 till today without any authority of law and in contrary^{to the judgment} of this Hon'ble High Court in W.P.No.1647 g,f 2021 Batch and subsequently direct the respondent no.2 to release the vehicle confined forthwith in compliance^{of this} Honourable Court's order passed in W.P.No.1647 of 2021^.

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lA NO: 1 OF 2023

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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 to release the petitioners vehicle Vehicle -[Vodels bearing Vehicle Number TS 22 F 9383 which was seized on 09.09.2023 basing on the challa n.

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Counsel for the Petitioner: SRI NAGESHWAR RAO PUJARI

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Counsel for the Respondents: ASSISTANT GP FOR HOME

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.25974 of 2023

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ORDER:

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This Writ Petition, undr:r Article 226 of the Constitution of India, is lilcd b1'thc petitioner, seeking the following relief:

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' .. to i.ssrte at1 appropnote WRI'I'order or directron more particularly one in tlte tLatlt.e of WRIT OF MANDAMUS^Declaring the oclion of^{lLe 2nd} Respondetlt 51{O, I)utllagutto^{'l'rafficPotice Statiortillegally confrung/} seizinq the pehr,]Jtrcrs uclucle lrcantg^{VeLicle Number TS} 22^{F 9383} from itltet ueting tuql oJ dl.L)9.09.20)3 till todelj^{Lulthout ang authoitg of laut} and ut corLtrary lo tlrc ludgntetl of^{tltis Hon'bleHtgh} Cou^{in W.P.No.1647} of 2021 & Lletclt end subsequet ly direct lltc^respottd.ent no.2^{to release} the uelticle corLfined /otlhLultlt irt compliatrce of thts^{Honourable Courts} otdar passecl itL W.|'j. No. I64 7 oI2021..."

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It is rhe case of the^pelitioner that hc is the ,registered owner^of vehiclc bcaring No.TS 22 F 9383 and the same was seized on^the inLervenrng night of 09.O9.2023 and a drunken drive^challan No.HYD06TD2 39437 875 rvas issued to him by the Punjagutta^Trafhc Police Station alleging violation of drrrnken driving^{(Section185(a) of} M.V.Act) and wil,hout driving license (Section 181/ 177 of M.V.Act). It is further casc of the petitioner that even after^producing all^the relevant documents, the respondent No.2 is not releasing the^vehicle which was seized by him on the intervening night of 09.O9.2023.

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The learned counsel lor the petitioner has submitted thatⁱⁿ similar circumstances, this Court disposcd of^batchof writ^petitions i.e , W.P.Nos. 1647 of 2021. and batch, lvherein^{vide commonorde.r}

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dated 2g. ro'20'2r ' crircctecJ thc t'}oricc or- rrr.,' other ()r-iciar ri,rr. lr.s [he custorh,c,f suclt 'chic]c to i.cl{.:rse the si,r.tc cither. to the or'ner or an1'auth.riz.d pcrsrr o. pioducrior-r of ccrli.icate or rcgistration (RC) oi the said v.hicrc' ,r'o.f or icrentrrv :l.'cr a v:rrid crri'ir-rg liccnse. lt rs submitted that t.e pctitioncf's cirsc is sirrrrar to thc petitioners in W.P.Nos. 1647 of 2O2I and batch and thercjirre, pra-yecl Lhis Court to grant the similar relicf as granted in W.p.Nos 1(.>4-/ ot2o2 1 and batch.

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4 In vicu, of thc a bor,,e srrbmissior.rs, this Writ petition is disposed of in terms of the common ordcr. claLed 29.1O.2021 passcd bv this Court in W.p.Nos. 1647 of 202 1 ar_rcl batch and the rcspondent No.2 is directed to rclease tirc Vehiclc [r,.:aring No..1.S.,22 F 93g3 to thc petitioner on procluctio. ol ccrtific:r(c of regrstr.;rtio, (RC) of thc said vchicle, prool'of iclenti.y a.rd a valicl driving Iicense, urithin a period of one (1) week lrom the date ofreceipt ofa copl, o[ this order.

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Miscell:rneous pctitions, if alv, pending in this writ petition shall stand closed. No order as to costs.

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SD/. B. SARASWATHI ASSISTANT REGISTRAR //TRUE COPY// Ctri SECTION OFFICER

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To, 1. The^Prhcrpal Secretary Department of Home, TS secretariat Buirdings, State or I etanqana, Hvderabad

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1. The Station House Officer, Punjagutta Traffic police, punjagutta, Hyderabad District

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One CC to SRI NAGESHWAR RAO pUJARl, Advocate. tOpUCI 4. Two CCs to GP FOR HOI,4E, High Court for the Stite of tetangana at Hyderabad. [OUT]

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Two CD Copies. BSK

CC TODAY

HIGH COURT

DATED: 0311012023

/' \1.-., ,,
0 j Ct.r -:Jfi 'f

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ORDER

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WP.No.25974 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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I.--
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Sandaveni Anil v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sandaveni Anil v. The State of Telangana

Case brief

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What did the court decide?

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