Disposed

Goodemu Sreenu v. The State of Telangana

Telangana HC2 Feb 2024WP/2685/2024

Case brief

AI extract

What is this about?

Two writ petitions were disposed of at the stage of admission. Justice Karthik directed government authorities to consider a compassionate appointment application within six weeks. Justice Bhaskar Reddy directed the release of a seized vehicle pending confiscation procedures upon deposit guarantee. Both orders were without costs.

What did the court decide?

Directions to consider compassionate appointment application within six weeks; release of seized vehicle upon deposit of Rs.75,000 pending confiscation proceedings.

Goodemu Sreenu Vs The State of Telangana — Service and Employment | Telangana HC (2024)

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[³³⁰¹ I

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HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE SECOND^{DAY OF FEBRUARY} TWO THOUSAND AND^TWENTYFOUR

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PRESENT

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THE HONOURABLE SRI^{JUSTICEPULLA KARTHIK}

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WRIT PETITION NO: 2705^{OF 2024}

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Beween:

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Mandhaouram Laxmi,^{D/o. Late Mandhapuram Mashanna,Aged about 21 yeats'} Jn-miriibo, R/o. Chikkepally^{Village,Pangbl Mandal,Wanaparthy District'}

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.....PETITIONER

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AND

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The District Collector,^{Nagar Kurnool District, Nagar Kurnool'}

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2.TheDistrictAgricultureOfficer,NagarKurnool,NagarKurnoolDistrict'

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3.TheAssistantDirectorandAgricultureOfficer,Kollapur,NagarKurnool District.

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The State of Telangana,^{Rep by its Principal Secretary,Agricultureand} Co-operation^{Depa-rtment,Secretariat, Hyderabad.}

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.....RESPONDENTS

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Petition Under Article^{226 ot lhe constitutionof lndiaprayingthat in the} circumstances stated^{in the affidavitfiled therewith,the High court maybe} pleased to issue a writ more in the^{nature of writ of Mandamusor any otherwrit} order or direction to^{direct the 1"t Respondent to consider and appoint the} Petitioner as Junior^{Assistant on compassionate grounds in viewof deathof his} father by considering^{her representation dated 0611112021forthwith by declaring} the action of the^{Respondents in not providingcompassionate appointment to the} petitioner is totally illegal, arbitrary,^{unconstitutionaland void being violatlon of} Arts.14 and 16 of^{the Constitution of lndia.}

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|.A.NO:1 OF 2024

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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 Respondents to consider and appoint the Petitioner as Junior Assistant on compassionate grounds in view of death of her father by disposing of her representation 0610112021 pending disposal of the above writ petition.

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Couns6l for the Petitioner : SRI R.RAJASEKHARA RAO

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Counsel for the Respondents : GP FOR SERVICES - lll

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The Court at the stage of admission made the following ORDER

li ll I

I I

THE HONOURABLE^{SRI WSTICEPT'LIA KARTHIK} WRIT ON NO^{.27050F 20.24}

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OR D ER:

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With the^{consent of the parties' the Writ Petition is disposed}

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of at the^{stage of admissionitself'}

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This writ^{petitionis hled seekingtJle followingrelief:}

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1o issue a^{Wit morein tlle nature of Writ of Mandamus or ang} otlrJr Wit^{orderor directton to direct the 1"1 respondentto} consider and'^{dPPointthe petitioneras Junior Assistanton} @mpassionate^{groundsin uieu of death of his father by} considering^{hlr representationdated O6'112O21fofthtttith bg} declaing the^{action of tlerespondents innot prouiding} comlassionate^{aryointmentto tle petitioneris totallg illegal'} arbitrary,^{unconstitutionaland uoidbeinguiolotion of Art' 14 &} 16 of the^{ConstitutionoJ India and to Po,ss'"}

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Heard Sri^{R'RajasekharRao' learned counsel for the} petitioner and^{learned Government Pleader for Agriculture and} Cooperation^{appearing for the respondents'}

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The case^{of the petitironer is that her father was workedas} attender in^{the ofhce of the Assistant Director of Agriculrure'} Kollapur,^{Nagar KurnoolDistrictand he diedon 22'll '2O2O vth.tle} phe^{was in service}

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Leamed counsel^{for the petitioner submitted that the} petitioner has^{madea representationto the respondent-authorities} on06.ll.2023withallrequireddocuments,requestingthemto

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consider her case for appointment as Junior Assistant on compassionate grounds and the same is still pending with the respondent-authorities for consideration. Therefore, Iearned counsel prayed to direct the respondent-authorities to disfose of the representation, dated 06.11.2023 submitted by the^petitioner.

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Learned Government Pleader appearing for the respondents submits that the respondent-auttrorities will consider^the representation of the petitioner, dated 0,6.11.2023, and^pass appropriate orders thereon, in accordance^with law.

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In view of the submissions made by respective^parties, without expressing any opinion on the merits of the case, the^Writ Petition is disposed of directing the respondent-authorities^to consider the representation dated 06.11.2023 made by^the petitioner and pass appropriate orders thereon, in accordance with law, within a period of six weeks from tl.e date of receiPt^{of a copy} of this order and communicate a copy thereof to tJ:e^petitioner. There shall be no order as to costs.

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Miscellaneous applications, if any, pending in this \ petition, shall stand closed.

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//rRUEcoPY" ^"'SPl$ti'=$$itR

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i,i[:fl :{t[nsrl:ff^{ilftkil].a%'ffi?idt1ffi'?irii3';'} District Aoriculture .]ttft^{andco-operation Department'}

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"U:,'.iiiiitaEFi'#N{itft s'ffi {;;;.""orre,ansanaat 5. Two Two^{CCsto GP GPFor Sen}

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Two Two^{CCsto GP GPFor Sen}

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Rao' Advocate [oPUc]

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. 3*"3t?S "tPH.H'i"'"r'n"a

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HIGH COURT

DATED:0210212024

ORDER

WP.No.2705 of 2024

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13 FEB 2[2[
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f)is pAi a r'i1)

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DISPOSING OF THE W.P

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AT THE STAGE OF ADMISSION

WITHOUT COSTS,

[^32s6 ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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i FRIDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR II PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 2685 OF 2024

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Between:

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Goodemu Sreenu, S/o. G. Ramulu, Aged about 48 years, Occ. Owner of the Vehicle, R/o. H.No.1-32, Katwakole Vlttage, Mahedhwarbm Mandal, Ranga Reddy 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, Prohibition and Excise Department, Secretariat, Hyderabad.

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The Deputy Commissioner of Prohibition and Excise, Ranga Reddy District

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The Station HoJsA Officer, Prohibition and Excise, Maheshwaram, Ranga ngana State.

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Reddy Diskict, TelaItrl ...RESPONDENTS

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Petition under Article 226 ot 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 the action of Respondents in not releasing the vehicle four wheel (Maruti swift Car) bearing No. TS.07-UK-7230, Chassis No .MA3EJKDlSOOD04804GN, Engine No. K12MN2442079, in connection with the C.O.R. No. 183 of 2023 Dated 2811112023 for the offences under section 34 (A) of Telangana Excise Act,1968 registered by the Respondent No.3, and may be pleased to direct the respondent No.3 to forthwith release the Vehicle four wheel (Maruti swift Car) bearing No. TS.07-UK-7230, Chassis No.MA3EJKDI SOOD048O4GN, Engine No. K1 2MN24 42079. in connection with the C.O.R. No.183 of )OZs O.t a 2U11t2023 for offence under section 3a ( A) of Telangana Excise Act,'1968 registered by the Respondent No.3 pending enquiry is illegal arbitrary and Violative of Art 14 and 21 of constitution of lndia.

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lA NO: 1 OF 2024

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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 3 to release the Vehicle four wheel^(Maruti swift Car) bearing No. TS.07-UK-7230, Chassis No.MA3EJKD1SOOD04B04GN, Engine No. K12MN24 42079, in connection wilh the C.O.R. No.183 of 2023 Dated 2811'll2o23 for offencelunder section 3a (A) of Telangana Excise Act,1968 registered by the Respondent No.3.

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Counse! for the PetitiJntr: SRr rrirOneMMAD NASEER PASHA

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counsel tor ttre RespJnfens: eep FoR PRoHlBlTloN & ExclSE t

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The Court made the foll8wing: ORDER

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a'.

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.2685 of 2O24

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ORDER

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This writ petition is Iiled to issue writ of mandamus declaring the action of the respondents in not releasing the petitioner's vehicle i.e., Maruti Swift Car bearing No.TS 07 UK 723O which was seized in C.O.R.No. 183 of 2023 dated 28.17.2023, as illegal and arbitrary and for other reliefs.

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The petitioner claims to be the registered owner of Maruti Swift Car bearing No.TS 07 UK7230. The said vehicle was seized in C.O.R.No.183 OF 2023 which was registered for an offence punishable under Section 3a (a) of the Telangana Excise Act, 1968 (for short "the Act").

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The contention of the learned counsel for the petitioner is that Section 45 of the Act provides that whenever an offence has been committed, which is punishable under the Act the things mentioned in Section 45 of the Act are liable for confiscati,on. Section 46 of the Act mandates the authorit5r competent to seizn the items mentioned in Section 45 of the Act to produce before the Deputy Commissioner of Prohibition and Excise. On *-productio" ;E seized property, the Deputy Commissioner is required to conduct proceedings for conliscation and if he is

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CVB& J Wp 2685_2024

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satisfied that an offence is committed under the Act, he may order for conliscation of the property seized. The Deputy Commissioner is also authorised to conduct public auction or dispose of the property so conhscated. Against the order of the confiscation, an appeal would lie under Section 46-C of the Act. Learned counsel for the petitioner further submitted that this Court has passed several orders directing the respondents to release the seized vehicles subject to the petitioner depositing the value of the vehicles and also furnishing an undertaking that pending confiscation proceedings, the vehicle shall not be alienated.

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Having regard to the consistent view taken by this Court, the petitioner is also entitled to relief of directing respondents to release his vehicle. Accordingly, the writ petition is disposed of, with the following directions:-

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(i)' Pending final orders to be passed in confiscation proceedings, respondents are directed to release the Maruti Swift Car bearing No.TS O7 UK 7230 on petitioner furnishing fixed deposit receipt as proof of opening hxed deposit account for an amount of Rs.75,0OO/-.

CVBR J wp?685 2024

(ii) The petitioner is further directed not to encash the frxed deposits or create lien or mortgage on the hxed deposits till the conclusion of conhscation proceedings

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(iii) The petitioner shall produce original R.C. Book of the vehicle at the time of release of the vehicle.

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(iv) The petitioner shall furnish undertaking that he will not transfer or alienate the vehicle to third party in any manner and will maintain the vehicle in the same good roadworthy condition without changing its major parts and features.

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(v) The petitioner shall furnish undertaking that he should produce the vehicle as and when directed by the concerned Court or competent authority.

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There shall be no order as to costs. As a sequel, the

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miscellaneous petitions pending, if any, shall stand closed.

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To,

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I SD/-A.V.S.P I ASSISTANT REGIS R //TRUE COPY// t I SECTION FFICER t

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1 . The Principal Secretary,^{Prohibitionand ExciseDepartment,Secretariat,} Hyderabad, State of Telangana.

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The Deputy Commissioner^{of Prohibition and Excise' Ranga ReddyDistrict'} ,t

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The Station Horls6 Omcer,^{Prohibition andExcise, Maheshwaram, Ranga} Reddy District, Telangana^State.

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One CC to SRI H,tCiUnuuno^{NASEER PASHA,Advocate} [oPUc]

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Two cCs to GPIFbR^{PRoHIBITIoN & ErclsE, HighCourt for the Stateof} Telangana at Hyderabad [OUT]

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Two CD Copies

BSR GJP

HIGH COURT

DATED: 0210212024

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ORDER

WP.No.2685 o 2024

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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n/l

Goodemu Sreenu v. The State of Telangana

Case brief

What is this about?

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Goodemu Sreenu v. The State of Telangana

Case brief

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