Disposed

Nenavath Kishan v. the State of Telangana

Telangana HC9 Oct 2025WP/30496/2025

Case brief

AI extract

What is this about?

Writ petition challenging non-release of a seized auto-rickshaw under Telangana Prohibition Act. Court disposed of the petition by granting liberty to the petitioner to file an appeal against the confiscation order and a petition for release, following precedent.

What did the court decide?

Liberty granted to prefer appeal against confiscation order and file petition for release of vehicle.

Nenavath Kishan Vs the State of Telangana — Landlord and Tenant | Telangana HC (2025)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J trisdiction)

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THURSDAY,T}TE NINTH DAY OF OCTOBER TWO THOUSAND AND'II,VENTY f IVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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Between:

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NENAVATH KISHAN, S/o. Hanumanthu, Aged 34 years, Occ-Owner of Vehicle. R/o.H.No.3-198, Harya Thanda, Devarakonda Mandal, Pendli Pakala, N algo nda District, Telargana-s08243.

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...PETITIONER

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AND

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THE STATE OF TELANGANA, Represented by its Principal Secretary, Reven ue ( Excise ) Departrnent, Secretariat, Hyderabad.

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THE DEPUTY COMMISSIONER OF PROH AND EXCISE, Nalgonda Division, Nalgonda District.

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THE STATION HOUSE OFFICER, Devarakonda Proh. And Excise Station, Nalgonda District.

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..RESPONDENTS

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Petition under Article 226 of the Constitutkrn of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to ISSUE Order or direction rnore partictrlarly a Writ of Mandamus, to declare the action of 2nd Respondent in not issuing Orders directing the 3'd Respondent for Release of Vehicle i.e., Auto Rickslraw (2f2O Model) bearing Reg.No.TS-O5-UD-7218 seized in C.O.R.l.lo.326 of 2025 inspite of his readiness to furnish third party surety, as being illegal and arbitrary and @nsequently direct the Respondents to release the aborc said velricle by accepting the third party surety, and to grant

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying tftat in the circurnstances stated in the affidavit filed in support of the petitkrn, the High Crcurt rnay be pleased To

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DIRECT the 2rrd^{Respondent herein to issueorders directing the 3rd Respondent} to Retease^{the, petitioner's Auto Rickshaw (2020 Model) bearingReg.No.TS-05-} uD-7218 seized^{in c.o.R.No.326of 2025, pendingdisposal of the writ Petition'}

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GOUNSEI^{fOr thE PCtitiONET : SRI ARVAPALLI SHIVA SAI NATH} counsel for the^{Respondents:AGP FORPROHIBITIoN EXCISE}

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The Court^{madethe following: ORDER}

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THE r{ONOURABLE^SRI IUSTICE^{N.V.SHRAVANKUMAR}

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WRIT PETITION No.3M96 of 2025

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ORDER:

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Heard learned counsel for the petitioner and learned^Assistant Government Pleader for^{Exise Departrnent appearing for respondentNos.Lto} 3. With their consent this writ petition is taken^up for^{disposal at the} admission stage itself.

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This writ petition is filed seeking to declare the action of respondent No.2 in not directing respondent No.3 to release the^{petitioner's vehicle i.e.,} Auto Rickshaw (2020 Model) bearing Reg No.TS45-UD-7278 seizedⁱⁿ C.O.R.No.326 of 2025, inspite of petitioner's readiness to furnish^{third party} surety, as being illegal and arbitrary and consequently direct^{the respondents} to release the above said vehicle by accepting the third Pafiy surety.

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Today whcn the matter has been taken up for hearing,^learned Assistant Government Pleader for Exise Department appearing for^respondent Nos.1 to 3 placed on record instructions issued by ttre respondent^No.2, wherein it is submitted that on 28.08.2025 at about 6.30 PM, respondent^No.3 through l)anchanama seized auto rickshaw (2020 Model) bearing^No.'tS-O5- IJD-7218, for transport of 20 liters of ID liquor. Thereafter, a case^{lras been} registeretl rride COR No.-',26 of 2O25 dated %.ffi.2025 under Se'ction (A)^read with 8(e) oi T.S Prohibition Act, 1995 and the Station House ofticer,^has subrnittec{ the confiscation proposals of the seized vehicle along with propertv to tl're respondent No.2. [t is furtlrer submitted that a show cause notice dated

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03'09'20o has been issued and the same was served on the petitioner on 17.09.2025.

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4' Learned Assistant Government Pleader for Exise Departrnent further submits flrat Chemicar Examiner Report bearing No.'rM2 of 202s dated 20'09'2025' SI'No'12149, reveals that "tlu sample contain iilicitty distilteit lrqr* unfit for humnn consumption'and injurious to lrcaltlr" and a confiscation orders has been isr;ued to the petitio ner oideCr.No.2gl 2o2s/ Adated oi.ro.2o2s.

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5' Learned Assistant Governrnent Pleader submits that petitioner has remedy to Iile appeal under section 46 (c) of Andhra pradesh Exise Act 196g, and further submits that in similar circumstance this Court in w.p.No .,,gsl, of

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2025 datedit6.0g.2}21, passed the following order:_

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"rn the right of the above, this writ petition i.s crisposed o.f granting liberq' tu the pe.titioner to pre.fer an ctppeal to ihalrenge the satd conlis':atio" .?r.d": and arsi a' petirirtn seeking rcrease of the said vehicle and it is for the appeilite authority tr'irnsiir and dispose of the same.,r

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Leam,:d Assistant Government preader for Exise Department pray this Court to pass similar orders as passed in w.p.No .2ggsL of 202s dated 26.09.2025.

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7' l-earned counser for the petitioner cricr not clispute the same.

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Recording the submission made by trre rear.ecr counser appearing on either side a.d in terms of orders passed in w.p.No .2gg51, of 202s dated 26'09'2025' this writ petition is disposed oi granring liberrv to the petitioner to prefer an appeal against the said confiscation order antl also a petition seeking

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(- release of the said vehicle and it is for the appellate autlority to cor,tsider and

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dispose of the same.

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