Petitioner sought release of his seized lorry and quashing of a fine imposed under the Essential Commodities Act. The vehicle had already been released on bank guarantee; noting release is subject to the criminal case outcome, the writ petition was closed.
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[3219 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
.'WEDNESDAY, THE TWENTY THIRD DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
WRIT PETITION NO: 17983 OF 2025
Between:
Kolipaka Kiran Kumar, S/o. Ramesh, Aged 49 years, F/o- H.No.'1-1 20, Rebbana Village and Mandal, Asifabad District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 o'f the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to rssue a writ, order or direction more particularly one in the nature of Writ of Certiorari, calling for the records relating to the impugned orderpassed by the 2nd respondent in 6-4 Case No. C52121512025, dated 26.03.2025 andquash the same in so far as imposrtion of fine of Rs.5,00,0001 (Rupees Fine Lakhs only) imposed on Lorry bearing No. TS 02 UC 8458, belonging to thepetitioner, as it being illegal, arbitrary and in contravention to theprovisions of the Essential Commodities Act, 1955, consequently direct the respondents to release the seized vehicle of thepetitioner Ashok Leyland Goods Carriage-HtVV bearing No.TS 02 UC 8458, which was seized under the cover ofpanchanama dated 30.12.2024 by the 4th respondent, in connection with Crime No.2B3 of 2024 of Manthani Police Station, Ramagundam, in the interest ofjustice.
lA NO: 2 OF 2025
Petition under Section151 CPC prayingthat in the circumstances stated in the affidavit filed in supportof the petition, the Highcor.rrtmaybe pleasedto grant interim suspension of the impugnedorder passedby the 2nd respondentin 6-A Case No. C52t21512025,dated 26.03.2025,in the interestof justir:e,pending disposal of the writpetition.
lA NO: 3 OF 2025
Petition under Section 151 CPCpraying that in the circumstalrcesstated in the affidavit filed in support of thepetition, theHigh Court maybe pleasedto direct the respondents to release the seizedvehicle ofthe petitionerAshok Leyland Goods Carriage-Hl\rlV bearing No.TS 02 UC 8458,which was seized under the cover ofpanchanama dated 30.12.2024by the 4th resllondent, in connection with Crime No.283 of 2024 offirlanthani Police Station,Ratnagundam, in the interest ofjustice, pending disposal of thewrit petition.
Counsel for the Petitioner: SRI GAJE RAGHU
Counsel for the Respondent No.1 to 4: GPFOR CIVIL SUPPLIES
Counsel for the Respondent No.S: GP FOR HOME
The Court made the following: ORDER
THE HON'BLE SMT. JUSTICE T.MADHAVI DEVI WRIT PETITION No.17983 OF 2025
ORDER:
This Writ Petition is filed seeking a direction to the respondents to release the seizedvehicle of thepetitioneri.e., Ashok Leyland Goods Carriage-HMVbearing No.TS-02-UC-8458, under the cover ofpanchanama dated3O. 12.2024by the 4ft respondent, in connection with CrimeNo.2B3 of 2024of Manthani Police Station, Ramagundam.
\ \
5 In view of the same, the release of the vehicle shall be subject to the outcome of the criminal case against thepetitioner.
rlI
2
n. Miscellaneous applications, if any, per-rding in this Writ Petition, shall stand closed.
To,
SD/-A. PRATHIMA D GISTRAR //TRUE COPY// 'Y CTION OFFICER
iI
BSR GJP
;-;igE&,,
HIGH COURT
DATED:2310712025
ORDER
WP.No.17983 of 2025
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CLOSING THE WRIT PETITION,
WITHOUT COSTS
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2 provisions across 2 enactments
Kolipaka Kiran Kumar
The State of Telangana, Rep. by its Principal Secretary, Civil Supplies Department
The District Collector (Civil Supplies), Peddapalli District
The District Supply Officer, Peddapalli District
The Civil Supplies Inspector, Manthani, Peddapalli District
The Station House Officer, Manthani Police Station, Peddapalli District
T.Madhai Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
