The High Court disposed of Writ Petition No. 7434 of 2023 regarding the release of a seized maxi cab without passing new orders, noting that the vehicle was already released under dated 16.03.2023 interim orders subject to undertaking.
Writ petition disposed of in terms of interim order dated 16.03.2023; no further orders necessary; no 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.
[32e6 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V, BHASKAR REDDY
WRIT PETITION NO: 7434 OF 2023
Between:
Pagilla Durgesh, S/o. Pa_girra chandraiah, Aged about 30 years, Hindus. occ. Business, R/o. PIot No. 05-, saradha Nagai, H"ayath ttagai,-nlng"'neiirViiisi.i"t, Telangana State.
':
..PETITIONER
AND
...RESPONDENTS
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 appropriate writ, order or direction more preferably one in the nature of writ of Mandamus, declaring the inaction of the 2nd respondent in not releasing the petitioner's Maxi cab vehicle bearing R.No.TS-07-UE- 98',l4 seized under Vehicle Check Report No. 0244336 dated 12-05-2022 by the 3rd Respondent, as per law laid down by the Hon'ble High court as illegal, arbitrary, unjust and consequently direct the 2r'd respondent to forthwith release the Petitioner's Maxi cab Vehicle R.No.TS-07-1JE-9814, in the interest of justice and grant.
IANO:1OF2 023
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 2nd respondent to release the Petitioner's A/axi Cab Vehicle bearing R.No. TS-07-UE-9814 seized under Vehicle Check Report No. 0244336 dated 12-05-2022 by the 3rd Respondent, forthwith to the petitioner, pending disposal of the above Writ Petition.
Counsel for the Petitioner : SRI RAJANIKANTH JWALA
Counsel forthe Respondents: GP FOR TRANSPORT
The Court made the following: ORDER
l, E
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
V/RIT PETITION No.7434 of 20.23
ORDER
This Writ Petition is fited with the following reliet_
"...to issue an appropriate writ, order or direction more preferably one in the nature of Writ. of Mandamus declaring the action of respondent No.2 in not releasing the petitioner,s Maxi Cab Vehicles bearing Registration No.TS 07 UE 9g14 seized under Vehicle Check Report No.0244336 daLed 12.05.2O22 by respondent No.3 as per law laid down by this Court as illegal, arbitrary, unjust and consequently direct respondent No.2 to forthwith release the petitioner's Maxi Cab Vehicle...,,
2
,
CVBR, J wp_7434_2023
"lt is submitted that in similar circumstances, order dated 22.06.2022 was passed in I.A.No.1 of 2022 tn W.P.No.26525 of 2022.
In view of the same, subject to payment of admitted tax and compound fee, the vehicle may be released, but the assessment proceedings may go
'1zooo;+ ar-o sor 1oa;
I
3
CVBR, J wp_1434_2023
I I
I
on, and the penalty imposed may not be recovered for a period of 30 days, as imposition of penalty is appelable, if no appeal is preferred or no order is obtained, the penalt5r becomes liable to be paid."
i. i:. L t.l
4
t
CVI]R. J wp 7434 2023
shall stand closed
VC:88+:TR
//TRUE COPY//
ASSIS??f { 11y
SECTION OFFICER
To,
GJP
W
HIGH COURT
DATED:1510612023
oRqER
c ? j: t.
0
-)
.$
c s
u- <br>,.!.. \ ,/
I r-l +
WP.No.7434 ot 2023
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
q
t
b\ ?,
P\ (-
w
[32e6 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO.9181 OF 2023
Between:
Dr. Ponagoti Kishan Rao, S/o. Ponagoti Prakash Rao, Aged about 39 years, Occ. Asst. Professor in Nizam college, Basheerbagh, No. 2-2-26lBLl15l4lA, Sarvotham Apartment, DD Colony, Bagh Amberpet, Hyderabad, Telangana
...PETITIONER
AND
...RESPONDENTS
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 a Writ, order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in seizing a sum of Rs.70,00,0001 (Rupees seventy lakhs only) from the possession of the petitioner in Crime.No.S72 of 2022 on 27-10-2O22 of P.S. Panjagutta, Hyderabad on the ground of suspicion and that the petitioner could not give explanation to the satisfaction of 4th respondent, as arbitrary, illegal, consequently order for return of Rs.70,00,0001(Rupees Seventy lakhs only) in favour of thepetitioner.
lA NO: 1 OF 2023
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 order for return of amount of Rs.70,00,000/- (Rupees Seventy lakhs only) to the Petitioner which was seized pursuant to Crime.No.S72 ol 2022 dated 27-10-2022 of P.S. Panjagutta, Hyderabad, pending disposal of the writ petition.
lA NO: 2 OF 2023
Petition under Section'1 51 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to permit the petitioner to take the matter "for being mentioned" by correcting the name of the court as XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderdbad in the place of Vl Additional Chief Metropolitan Magistrate, Nampally, Hyderabad in WP No. 918112023 dated 41412023.
Counsel for the Petitioner: SRI A. PRABHAKAR RAO
Counsel for the Respondents: AGP FOR HOME
The Court made the following: ORDER
HON'BLE SRIJUSTICE C.V.BHASKAR REDDY
W.P.No.9 lal of 2023
ORDER:
This writ petitionis filed seeking the following
relief:
".......1o issuean order or direction more particularly one in the natureof Writ of Mandamus declaringthe actiono[ respondents in seizinga sumof Ts.70,O0,OOO/-(Rupees seventy lakhs only)from the possessionof the petitioner in Crime No.572 of2022 on 27.10.2022of P'S Panjagutta, Hyderabad on theground of suspicion and that the petitioner could notgive explanationto the satisfactionof 4threspondent as arbitrary, illegal,consequentlyorder forreturnof Rs.7O,00,OO0/-(Rupees seventylakhsonly) in favourof the petitioner and pass suchother order or orders... "'
Heard Sri A.PrabhakarRao, learned counsel appearing for the petitioners andlearned Assistant Government Pleader for Home appearingfor respondents.
It is the case of thepetitionerthat he has purchased the land admeasuringAc.O.2l gts in Sy.No.257and Ac'O'19 gts in Sy.No.262, situated atKongara Kalan Village, Ibrahimpatnam Mandal,Ranga ReddyDistrict alongwith one Sirikonda RamaRao from one Kotha Ashok Goud under agreement of sale deed dated26.10.2022.The totalsale consideration was agreedto be paid under agreement of sale
2
a,i-'r
of Rs.3,00,00,O00/ - (Rupees three crores only) out of which Rs.5,00,O00/ was paid on the date of agreement of saie dated 26.1O.'2022 and another sum of Rs.7O,0O,OO0/- was to be paid by u,ay of cash on or before 31.IO.2O22 and the balance amotrnt of Rs.2,25,00,0O0/- was agreed to be paid as on the clate of registration. Out of Rs.7O,00,0O0/-, Rs.20,00,0O0/- belongs to the petitioner and remaining Rs.50,00,000/- was borrou,ed as an hand loan from Sri Sirikonda Rama Rao. In the said transaction , the amount has been carried from the various sources and when the said transaction was under the progress the police seized an amount of Rs.70,00,0OO/- from the petitioner on 27.1O.2022 and the police u'ithout any basis have registered criminal case vide Crime No.52O of 2022 on the file of Panj agutta Police Station, Hyderabad.
This Court vicle its order dated 04.O4 .2023 has directed the petitioner to file an application under Section 45 1 of Cr. P. C before /l Additional Chief Metropolitan Magistrate, Nampally.
Learned counsel for the petitioner submits that in compliance of the order of this Court dated 04.e4.2O23,
-)
petitioner has taken steps for frling an applicationand considering the merits of the matterthe said Court has also released the amount.
In view of above submissions, this Court is of the view that since the grievance of the petitioner is respondent police have registered a crime only on the suspicion ground and the crime property is already produced before the competent Court and the competent Court hasalready exercised discretion for release of amount infavour ofthe petitioner, no further orders are necessary.
With the above observation, the writ petition is closed. No costs.
As a sequel, the miscellaneous petitionspending, if
any, shall stand closed.
I
To,
SD/- MOHD. SANAULLAH ANSARI ASSISTANT-REGISTRAR //TRUE COPY/I (ib SECTION OFFICER
1 One CC to SRI A. PRABHAKAR RAO, Advocate tOpUCl 2 Two CCs to GP for Home, High Court for ine State of Telangana at Hyderabad. [OUT] 3 Two CD Copies
MP GJP
gEL
HIGH COURT
DATED:1310612023
:17
]]
c.t
!
-$
s" l'
i.'
<br>^,' ,f
, '',i;,,,
\i;:-.- :-r''
ORDER
WP.No.9181 of 2023
CLOSING THE WRIT PETITION WITHOUT COSTS
t
t-u,
L r\r
d\l-
1 issue framed by the court
Whether interim orders granting release of seized vehicle upon payment of tax are sufficient to dispose of the writ petition.
Pagilla Durgesh
The State of Telangana
District Transport Officer
Assistant Motor Vehicles Inspector
Dr. Ponagoti Kishan Rao
The State of Telangana
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
