Gogineni Srinivasa Rao Vs The State of Telangana

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

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WEDNESDAY, THE TWENTY NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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WRIT PETITI ON NO: 3279s oF 2025

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Between:

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Gogineni Srinivasa Rao. S/o Sheshaiah, Aged 45.years, Occ. Agricultural, Rro.. H.No. 1 -390-1 -2, prakasam ColJnv,'Ontoiu,'F;il;, District, Andhra pradesh.

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...PETITIONER

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AND

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1 The State of Tetangana, Rep by its principal Secretary, Department of Home, Secretariat Buildings, Hyder'aoaO.

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2 The Deputy District. Commissioner of prohibition and Excise at Nalgonda, Nalgonda

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J The Station House Officer, Mattampalli police Station, Suryapet District.

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,,.RESPONDENTS

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Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High'cJurt i"v o" pleased to issue a writ or order or direction more pa(icurarry oie in tne natuie oi writ of Mandamus decrare the action of the 2nd and 3rd- Respondents in not le^{easynO the petitioners vehicte, an Auto Rickshaw} bearing Registr"tion-f.f o. nF 27 UB 5043, Chassis No MD2A96AY9JWG56.t93, which-was seized in connection with crime No. 179 of 2025 dared 2610912025 on the fire of the 3rJ Respondent Police station as illegal, arbitrary and violative of orincioles oi natural justice and consequentially to direct fhe 2nd and 3" ;";;r;;;]; i; release the petitioner vehicre_Auto Rickshaw bearing No. np zi ua- so+i, chassis No. MD2A96Ay9JWG56'r93, which was seized-in connection witn crime No. 179 0t 2025 dated 26r09t2025 0n the tire of the 3rd Respondent pori;; Station, pending final disposat of the main writ petition

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lA NO: 1 OF 20 25

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Petition under Section 151 CpC praying that in the circumstances stated in the affidavit fired in support of the petition, Ine uign court may u" pr"rr"Jio direct the direct the 2nd and 3rd respondents to re'iease the petitioner vehicie Auto Rickshaw bearing No. Ap 2t UB 5043, Chassis No.

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MD2A96AY9JWG56193, which was seized in connection v,ith crime tto. t lg of 2025 daled 26l0gl2o2s on the fire of the 3rd Respondenr )orice Station, pending final disposal of the main writ petition

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Counsel for the Petitioner: SRt NARApARAJU N.S.V.L.N. yASHWANTH

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Counsel forthe Respondent No.1 & 3: ASST. Gp FOR HOME

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counsel for the Respondent No.2: ASsr. cp FoR pRoHillrroN & ExcrsE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION Na,32795 of 2o25

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ORDER:

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Heard learned counsel for the petitioner and leamed Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 and 3 and learned Assistant Government Pleader for Prohibition and Excise appearing. for respondent No.2. With their consent, this u,rit petition is being taken up for disposal at the admission stage its;elf.

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This writ petition has been filed seeking the following

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prayer:-

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"decLare the action of the 2nd and 3rd Respondents in not releasing the petitioners uehicle an Auto Rickshau.t beaing Registration No.AP 27 UB SO43 Chassis No. MD2 A9 6AY9JWC 5 6 I 9 3 w hich u.tas seized in connection tuith Cime No.179 of 2025 dated 26/09/2025 on the Jile of the 3rd Respondent police Station as illegal, arbitrary and uiolatiue of pinciples of natural justice and consequentially to direct the 2"a and 3rd respondents to release the petitioner uehicle Auto Rickshaw beaing No.AP 27 UB SO43 Chassls No.MD2A96AY9JWG56193 tuhich was sei.z,ed in connection with Cime No.179 of 2O2S dated 26/09/2025 on the file of tlte 3rd Respondent Poltce

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Station pending final disposal of the main Luit petition. "

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3 . The facts of the case in brie i as stated are that petitioner claims to be owner of Auto Ricksl-ras, which is being used for personal, agricultural and transportation purposes. It is submitted that on 26.O9.2025 at about 9.00 pM rvhile

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'-

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2

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respondent^No.3 staff^{areconductingvehicle checks at} Mattampally^{Y junction stopped the petitiont:r's vehicleand} found^{seven bags} of^{black jaggeryand 3C kgs ofa1um.} Accordingly,^{thevehicle was seized bytL ear-rthoritiesin} connection^{withCr.No.l7g} 12025^{dated 26.O9.11()25on the file of} respondent^{No.3. It is submitted that vehicle ir; now lying idle in} the^{policestationpremises and is exposed to weather, rust and} lack^{of maintenance.} Questioning^{the same, t,he presentwrit} petition is filed.

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': t. .v ., 4 Learned Assistant Government Plcader^{for Excjse placed on} record^{instructions issued byDeputy tl,rmmissioner of} Prohibition^{and Excise,NalgondaDivision anC would submit} that a^{notice was issued to the owner of the vchicleunder} Section^{13 of TelanganaStatc Prohibition Act, 1995 andSection} 46 of^{Telangana ExciseAct, 1968on 29.1O.2C25to shou' cause} as to why the^{said vehicleand contraban dshould not be} confiscated.

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Per contra, learned counsel for the^petitior-rer submits that petitioner has not received anv such notice. Lr:arned Assistant Government Pleader for Excise has furnisherl a copy of show cause notice dated 29. lO.2O25 to^{the learncd} cottnsel for the pet^jtioner.

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,,/

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J

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In that view of the matter, this writ petition is disposed of granting liberty to the petitioner to furnish reply to the show cause notice dated 29. 10.2O2S within the prescribed time of 15 days as mentioned in the show cause notice and if such reply is furnished, respondent authorities shall consider the same and pass appropriate order strictly in accordance to law as expeditiously as possible

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With the above observation, this writ petition is disposed of. Miscellaneous applications, if any pending, sha-ll stand

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closed. No order as to costs

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//TRUE COPY//

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Sd/.A.SREENIVASA REDDY ASSISTANT REGISTRAR 6

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SECTION OFFICER

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To,

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1 The Principal Secretary, Department of Home, The State of Telangana, Secretariat Buildings, Hyderabad.

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2 The Deputy Commissioner of Prohibition and Excise at Nalgonda, Nalgonda District.

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3 The Station House Officer, Mattampalli Police Station, Suryapet District. 4 One CC to SRI NARAPARAJU N S.V.L.N. YASHWANTH, Advocate OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana. ouTl

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