Disposed

Gasiganti Vikas babu v. The State of Telangana

Telangana HC30 Jan 2025WP/2585/2025

Case brief

AI extract

What is this about?

Writ petition challenging police seizure of a goods vehicle in connection with a crime registered under BNS and the Essential Commodities Act. Since confiscation proceedings were pending, the court directed release of the vehicle on furnishing a fixed deposit bank guarantee, subject to the outcome of those proceedings.

What did the court decide?

Respondent No.5 directed to release the seized vehicle on furnishing FD of Rs.25,000/- in favour of respondent No.2, subject to Section 6-A EC Act proceedings; no alienation/alteration; produce when r

Gasiganti Vikas babu Vs The State of Telangana — Property and Title | Telangana HC (2025)

¶1

¶2

[^321e ]

¶3

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

¶4

THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

¶7

WRIT PETiTION NO: 2585 OF 2025

¶8

Between:

¶9

Gasiganti Vikas babu, S/o GasigantiBhoomaiah Aged 4'l^{years,Occ. Business} Beari"ng No. TS 02 T 0009 Ryoi.No.z-to-948, flat no.108, Jyothi^{Nagar, Surya} Mithra residency, Karimnagar, Telangana,50500 l.

¶10

..,PETITIONER

¶11

AND

¶12

1 The State of Telangana, rep by its Prl. Secretary, Civil^{Supplies Department} Secretariat, Hyderabad

¶13

2 The Addl Collector (Civil Supplies), KhammamDistrict at^Khammam

¶14

J The District Civil Supply Officer, KhammamDiskict

¶15

4 The Tahsildar, (Civil Supplies) 0/o. District Civil Supply^{Officer,Khammam} District

¶16

5 The Station House Officer, KAREPALLIPolice Station,^{KhammamDistrict}

¶17

...RESPONDENTS

¶18

Petition under Article 226 of the Constitution of^{lndia praying that in the} circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue a Writ, Order or Direction more^particularly one in the^{nature of} Writ of Mandamus, declaring the action of the^{respondent in seizing the petitioner} vehicle without informing is illegal, arbitrary and against^{the principlesof natural} justice and also violative of Articles 14, 19,21 and 300-4 of Constitution of lndia and consequently direct the respondents to release the^{petitioner vehiclebearing} NO. TS 02 T 0009, Ashok leyland Goods carriage-HMV^{vehicle immediately,in} the interest of^justice.

¶19

lA NO: 1 OF 2025

¶20

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 release the petitioner vehicle bearinl] No. TS 02 T 0009 Ashok leyland Goods carriage-HMV vehicle,pending disposal of the above writ petition.

¶21

Counsel for the Petitioner : SRI CHATLA MADHU

¶22

Counsel for the Respondents No.1to4 : Gp FOR CIVIL SUppLIES Counsel for the Respondents No.5 : Gp FOR HOME

¶23

The Court made the following: ORDER

¶24

-,,:i^.

¶25

THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI

¶26

WRIT PETITION No.2585 of 2o25

¶27

ORDER

¶28

This writ petition is filed to declare the seizure of the petitioner's vehicle i.e., Ashok Leyland Goods Carriage HMV bearing No.TS 02 T O0O9 under the cover of parcharrama dated O6.OL2O25 in connection with Crime No.4 of 2025 of Karepalli Police Station, Khammam District, as arbitrary and unconstitutional.

¶29

2 Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing on behalf of respondents No.1 to 4 and learned Government Pleader for Home appearing on beha-lf of respondent No.5.

¶30

J The vehicle of the petitioner i.e., Ashok Leyland Goods Carriage HMV bearing No.TS 02 T 0OO9 was seized under the cover of palchanama dated 06.01,.2025 by respondent No.5 in connection with Crime No.4 of 2025 of

I t I I I ! 1

TM DJ wP 258s 202s

Karepalli Police Station, Khammam District, unde.r Section 318 (4) rezrcl with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for :;hort 'BNS') and Section 7 of the Essential Commoditie,s Act, 1955 (for short 'the E.C. Act').

¶35

k:arned Government Pleader for Civii Supplies submitted that proceedings under Section 6-4. of the E.C. Act, have been initiated against the petitioner ancl the sarne are pending. Learned Government pleader further submitted taat the subject vehicle is still in the custody of respondent No. S-Police Station.

¶36

In view of the above facts and circunLstances, taking into consideration the fact that the res;pondent authorities ,rave initiated proceedings under Section 6- A of the E.C. Act and the same are pending,, this Court is inclined to grant relief to the petitioner.

¶37

Accordingly, this Writ Petition is disp,osed of directing thr: respondent No.5 to release the vehLicle i.e., Ashok Leyland Goods Carriage HMV bearing No.TS O2 T

¶38

a^;4€7 ..2 .,,1,'.'r.y' I

¶39

TMOJ wP 2s8s 2025

¶40

¶41

0009, under the cover of panchanama dated 06.01.2025 in connection with Crime No.4 of 2025 of Karepalli^Police Station, Khammam District, in favour of the^petitioner subject to condition of his furnishing bank guarantee^by way of Fixed Deposit for a sum of Rs.25,OOO/-^(Rupees Twenty Five Thousand only) in favour of respondent^No.2. Release of the vehicle shatl be subject to outcome^{of the} conhscation proceedings under Section^6-4. of the^{EC Act} Pending such proceedings, the petitioner is directed^{not to} alienate or aLter physical features of the^{subject vehicle,} and is further directed to produce the vehicle^{as and when} required by the authorities concerned.^{No order as to} costs.

¶42

Miscellaneous applications, if any,^{pending in this}

¶43

writ petition, shall stand closed.

¶44

SD/-K. AMMAJI , ASSI^T NT REGISTRAR //

//TRUE^COPYI/

TION^OFFICER

To, 1.

1. 1. +$ln{qru[#grmmm.[#;iii:]1.". 5. 6. 7. diE.g.i*+,mtrrcn';ruri';'sY,g,T[::il?'"'."' 8 i:xE:to'cyxo*^{o=' Hish court for the stateof relanganaat} Hvderabad. [ou^{I I} I Two CD GoPtes' BSK

¶49

BS - ' "-''-''L!'.-:-tt&{-:t^- '--*&-x

¶50

¶51

I I I I I I t a ; a I I I :

HIGH COURT

DATED:3010112025

ORDER

'E ST47 (
(
J (
B 1 r'irrn 2[25 7
i i)
* l)l: p T

¶57

WP.No.2585 of 2025

¶58

DISPOSING OF THE WRIT PETITION WITHOUT COSTS .l(*''ie t7 %-

Gasiganti Vikas babu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gasiganti Vikas babu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s. Vaishnavi Biologicals Private Limited Vs State of Telangana

M/s. Sri Rama Traders Vs The State of Telangana

Mohammed Abdul Hameed, Vs State of Telangana

EerlaBiksham Vs The State of Telangana

Kadaverugu Yadagiri Vs The State of Telangana

Edula Mallesh Vs The State of Telangana