Gudelli Venkatamma v. The State of Telangana
Court: High Court for State of Telangana
Bench: P NAVEEN RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-23. Gudelli Venkatamma v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 23113 OF 2020 Between: Gudelli Venkatamma, W/o. Chandraiah, Aged about 48 Years, Occ: Business, Rl/o. H. No. 10-22961A, Kishan Nagar, Karimnagar. ... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Prohibition and Excise Department, Secretariat, Hyderabad 2 The Dy. Commissioner, Prohibition and Excise Department, Karimnagar, Karimnaoar District. J The Station House Officer, Excise Police Station, Peddapalli, Peddapalli District (erstwhile Karimnagar District. ) ...
RES'ONDENTS Petition under Article 226 of 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 l\rlandamus declaring the action of the respondent No. 2 in not issuing orders directing 3rd respondent to release goods carriage-LMV Ashok Lay land vehicle bearing no. TS 02 UC 2332 seized in COR No. 14912020 on the file of 3rd respondent as interim custody to the petitioner in spite of readiness to furnish surety as being illegal' arbitrary and contrary to law apart from violation of principles of natural justice besides violation of Articles 14 and 21 of the Constitution of lndia and consequently direct the respondent No. 2 and 3 to release the petitioner goods carriage-LMV Ashok Lay land vehicle bearing no. TS 02 UC2332 seized in COR No. 14912020 as interim custody.
lA NO: 1 OF 2029 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. 2 and 3to release the petitioners goods carriage-LMV Ashok Lay land '14912020 vehicle bearing No. TS 02 UC 2332 in COR No. as interim custody to the petitioner, pending disposal of the writ petition. Counsel for the Petitioner: SRl. N. INDRASENA REDDY Counsel for the Respondents: AGP FOR PROHIBITION & EXCISE The Court made the following: ORDER ) THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 23113 O? 2O2O ORDER: Heard learned counsel for petitioner and learned Assistant Government Pleader for Prohibition and Excise appearing for the respondents. 2. This writ petition is filed praying to direct respondents to release the goods carriage LMV - Ashok Lay Land vehicle bearing Registration No. TS 02UC 2332, which was seized on the allegation of illegal transportation of ID liquor. 3.
According to the State Government, producing illicit liquor and its distribution is prohibited. According to the State, consumption of liquor is per se harmful to health of a person and consumption of spurious liquor is more harmful and can result in instantaneous death. The officials in their endeavour to thwart any attempt to manufacture illicit liquor, seize the commodities and vehicles involved in illegal transportation. After seizure of the vehicles, confiscation proceedings are taken up and if the allegations are proved, the vehicle can be confiscated. 4. The Telangana Prohibition Act, 1995 and the Telangana Excise Act, 1968 regulate all aspects of liquor in the State of Telangana, including manufacture, distribution and consumption. 5. By placing reliance on several decisions of this Court, learned counsel for petitioner prayed to allow the writ petition directing the respondents to release the vehicle subject to deposit of amount of Rs.
1,50,000/- and compliance of further directions issued by this Court in several writ petitions. J 6. The statement of learned counsel for petitioner that similar matters are disposed of with conditions, including furnishing deposit/bank guarantee, as the case may be, is not disputed by Iearned Government Pleader. However, he only emphasises higher amount of fixed deposit should be directed to be furnished the petitioner before seeking to release the vehicle. He further submits that the competent authority to deal with confiscation proceedings is Depury Commissioner and he alone is competent release the vehicle pending completion of confrscation proceedings' He therefore submits that direction be given to the petitioner to application before the Deputy Commissioner praying to grant interim custody of the vehicle. 7. ln W. P. Nos.
14801 and 14811 of 2020, dated O8'09'2020 review of earlier decisions, this Court passed detailed orders' Following the same, this writ petition is disposed of with following directions: (i) Petitioner is granted liberty to file application before the Deputy Commissioner (2"d respondent) to grant interim custody of the vehicle. (ii) If such application is filed, pending final orders passed in confiscation proceedings, the 2nd respondent directed to release the goods carriage - LMV Ashok 02UC 2332 Land vehicle bearing Registration No'TS petitioner furnishing fixed deposit receipt as of opening fixed deposit account for an amount Rs. 1,50,0O0/- (Rupees one lakh fifty thousand only)' (iii) Petitioner is further directed not to encash the lixed deposit or create lien or mortgage on the fixed deposit till the conclusion of confiscation proceedings. (iv) Petitioner shall produce original R. C. Book of the vehicle at the time of seeking release of the vehicle.
(v) Petitioner shall furnish undertaking that she 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. (vi) Petitioner should produce the vehicle as and when directed by the concerned Court or competent authority. Miscellaneous petitions, if any pending, stand closed. SD/. CH. VENKATESWARU ASSISTANT REGI R //TRUE COPY// SECTI OFFICER To, 1. ThePrincipalsecretary,ProhibitionandExciseDepartment'StateofTelangana' Secretariat, HYderabad 2. ih;'D; C,j*;risiioner, Prohibition and Excise Department' Karimnagar' Karimnaoar District. potice peddapali, peddapalli District 2 tru ! ffiffi [o-ri6'bm""r, Excise Station, (erstwhile Karimnaqar District Advocale 4 5"" Ccio'Sri N. tidrasena Reddy, to? UCl E Excise, Hidh court for the State of i;; dc. 'L cp'ioi Fror'ioiiion an6 ,Telangana at HYderabad. [OUT] 6. Two CD Copies CHR \"-- HIGH COURT DATED:2311212020 i I I { P.
E s lA I ORDER 04 JAil 202t a W. P. No. 231'13 of 2020 D . 9 r. -O l. J DISPOSING OF THE WRIT PETITION WITHOUT COSTS ad}rql -x'-1"'\"-*
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