Sayyad Naser Ali v. State of Telangana and 3 Others
Court: High Court for State of Telangana
Bench: P NAVEEN RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-30. Sayyad Naser Ali v. State of Telangana and 3 Others. Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P' NAVEEN RAO WRIT PETITION N o. 24088 0F 2020 Between: occ: Business, R/o' Shivaji Nagar Savvad Naser Ali, S/o. Sayyad Jakerali, Aged years, State. Nilahga, Latur District, lVlaharashtra ... 'ET'T'ONER AND Principle secretary, Prohibition and Exctse state of Telangana, Represented by 1. Deoanment, Secretariat, Hyderabad, Telangana'. . pior''1iortion l/ukhramiha Road, Abkari Bhavan' 2. ih5 e;;;i;. i;ne-t'ot anil Excis;, 2nd Floor, Hyderabad. prohibition and Excise, Prohibition and Excise 3. ir. 'r. ou. bommissioner, Department, lvlahbubnagar District. station, Achampet, Mahaboobnagar' 4. ltriil;'i;;$ orrc"i, Fior,i oiiion Excise ...
RESPONDENTS lndia praying that in the Petition under Article 226 ol lhe constitution of pleased affidavit filed therewith, the High court may be circumstances stated in the nature writ of more particularly one in the of to issue a writ, order or Direction MandamusdeclaringtheactofRespondentno. 2innotpassinganyorderinthelA filed on 19. 11. 2020 along with the Appeal filed against the Order passed on 29. 10. 2020 by the Respondent No. 3 in Procs PCOR no B5/2020 before the respondentNo'2forgrantofinterimcustodyoftheLorryNo. It/H24489486' tr,4ake/lvlodel and Variant - Ashok Leyland/2616 and 2lcg + Tg Twin Goods, Engine No. /ChassisNo. CSHZ|14607tl\/BlCTDYCXCPSF36Bg'RTOLocation lr/aharashtra - Latur, as being i||egal, arbitrary' unjust and conStitutional and Consequent|ydirecttheRespondentNo.
2todisposeofthelAasexpeditiouslyas justice possible in the interest of IA NO: 1 0F 2020 praying that in the circumstances stated in Petition under Section 151 CPC the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 to forthwith grant interim custody of the Lorry + Tg and Variant - Ashok Leyland/26'16 and 2/cg No. N/H24AB9486, Make/tr/odel RTO No. CSH2114607/MB',lCTDYCXCPSF36B9' Twin Goods, Engine No. /Chassis Location-l\4aharashtra-Latur,seizedinPCoRNo. B5/202odated11,6. 2020 pending disposal of main writ petition. Counsel for the Petitioner: SRI DAMODAR MUNDRA FOR PROHIBITION AND EXCISE Counsel for the Respondents: GP The Court made the following: ORDER PNR,J tr. P. No 21088 oJ2a20 HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETrTION NO. 24088 0F 2020 ORDERT Petitioner claims to be the owner of goods transport vehicle bearing registration No. MH-24-AB-9486. The said vehicle rvas seized in COR No.
85/2020 on the file of Prohibition and Excise Station, Achampet. Petitioner fi1ed W. P. No. 14089 of 2O2O praying to direct the respondents to grant interim custody of the vehicle pending disposal of confiscation proceedings. The said writ petition was disposed of directing the respondents to grant interim custody subject to petitioner furnishing fixed deposit receipt for a sum of t 50,000/-. Accordingly, petitioner furnished the fixed deposit receipt for t 50,000/-. On 28. 1O. 2O20, the Deputy Commissioner of Prohibition and Excise passed orders granting interim custody. However, on 29,1O. 2O20, he passed final orders in confiscation proceedings directing conliscation of the subject vehicte. Aggrieved thereby, petitioner preferred Appeal No. 162 I of 2020. Along with the appeal, petitioner also filed application to grant interim custody of the vehicle. 2.
Learned counsel for petitioner submits that even though this Court directed the respondents to grant interim custody of the subject vehicle and even though the orders passed on 28. 1O. 2O2O granting interim custody, the custody of the vehicle is not given on the ground that conliscation proceedings are passed, and the vehicle gets damaged if the interim custody is not granted pending appeal, whereas the appellate authority has not passed any orders in the interlocutory application. Copy of the appeal along with the application is filed in the writ petition paper book as Ex. P4. tY. P. No. 21088 ol 2020 J 3. Merely because the Court directed to grant interim custody, and in compliance with the directions of the Court, orders are passed granting interim custody does not tnean that competent authority is restrained from taking a decision in confiscation proceedings.
Further, by the time interim custody of the vehicle is delivered, if confiscation proceedings are passed, petitioner cannot contend that unless interim custody is granted to him, conliscation proceedings cannot be passed. 4. However, as petitioner availed the statutorily engrafted remedy of appeal and along with the appeal also, he moved an application to grant interim custody of the vehicle, without expressing any opinion on merits of the respective submissions, Writ Petition is disposed of, directing the Commissioner of Prohibition and Excise to pass orders in the Appeal preferred by the petitioner after affording due opportunity to him. He shall also consider the interlocutory application and pass appropriate orders, as warranted by law, within a period of trvo weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions shall stand closed. SD/. B. SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY' sEcIoN brrtceR To, and Excise Department, State of Telangana, 1.
The Principal Secretary, Prohibition Secretariat, Hyderabad, Telanqana. Bhavan, 2. ii" co. rirrlo""i oi crohibiti-on and Excise, Mukhramjha Road, Abkari 2nd Floor, Hyderabad. Prohibition and Excise ir,. _ iiu. 6ommissioner, Prohibition and Excise, 9. Deoartment, 'Strt,;"'- l\rlahbubnagar District. 4. fh'5" House" officer, Prohibition Excise Station, Achampet' Mahaboobnagar. ( One CC to SrT Damodar Mundra, Advocate tOPUQl of Telangana 6. i;; CGl;cF toiFror,inition ahd Excise, Hign Court for the State at Hyderabad. [OUT] 7. Two CD Copies. MP N":,-' HIGH COURT DATED:3011212020 1 HE s tA k ) ORDER o 0 7 IAN 2021 2 WP. No. 24088 of 2020 * * q.. DISPOSING OF THE WRIT PETITION WITHOUT COSTS S\\J 1co1in5 rl l-\ :-o )r "1ot \
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