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Mohammed Idris v. The State of Telangana

Court: High Court for State of Telangana

Bench: T.MADHAVI DEVI

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2025-12-05. Mohammed Idris v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

I s21e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE T. MADHAVI DEVI WRIT PETITION NO: 37100 OF 2025 Between: Mohammed ldris, S/o Mohammed Ghouse, Age. 45 years, Occu. Owner of Lorry, R/o H. no 1-1-412,Rakasipet, Bodhan, Nizamabad District. .. PETITIONER AND 1 The State of Telangana, Rep. by Principal Secretary, Consumer Affairs Food and Civil Supplies, T. S. Secretariat Buildings, Hyderabad. 2 The District Collector, (Civil Supplies), Rangareddy District. 3 The Deputy Tahasildar, (Civil Supplies) O/o District Civil Supplies Office, Rangareddy District. 4. The Station House Officer, Balapur Police Station, Rachakonda Commissionerate. ...

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances sthted in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of respondent no. 4, in registering {he case vide FtR no. 460 of 2025, Dated. 05111t2025, U/s 31S(4) BNS and section 7 of Essential commodities Act against the petitioner's seizing of vehicle as illegal, arbitrary, without the sanction of law against the principles of natural justice and also violation of Articles 14,19 and 21 of the Constitution of lndia and consequently direct the respondent No. 4 to release the seized vehicle of the petitioner vehicle lorry bearing number TS-30-T-2718 ASHOK LEYLANDLTD) to the petitioner which was seized by registering FlR. no. 460 of 2025, dated. 0511112023 by 4th respondent.

lA NO: 1 OF 2025 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 4th respondent to release the bearing no. TS-30-T-2718 (ASHOK LEYLAND LTD) to the petitioner which was seized in connection with FlR. no. 460 of 2025dated. 05i1 112025, U/s 318(4) BNS and Section 7 of Essential commodities Act of P. S. Balapur, Rangareddy district pending ilisposal of Writ petition. Counsel for the Petitioner: SRI DASI RAMESH Counsel for the Respondents No 1 To 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No 4 : GP FOR HOME The Court made the following: ORDER t-: IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT N No. 371OO of 2o. 25 OSth Decemberr 2O2S Between Mohammed Idrrs ... Petitioner AND The State of Telangana & 3 others. ... Respondents ORDER: This Writ Petition is filed seeking the following reliet ".... to i.

ssue att order, titt'<,'t:tictrt ttr L|/rit tnore particularly one irr tlrc rmture o. l'Writ ol- Nkttrclttrrttts cle. claing1 th. e actiorL o"f'responclertt no. 4, bt regist<zriltq tle <;. ,rset uid. e I;lR tto. 460 o. f 2025, Dated. : 05-1 1-20):;, Ui s . -i1B(1) ltNS an. d sec,tior"t 7 ol' li. sserrfi6l comtrrcclitit:s Act tttlttitrst llut petitioner's sttizirtcl ttl' uehicle as illeqttl. , arl-trtrtu't1, tt'itltottt flte sartcfiort o. f' lrtru arlctinst tltt: prhtciltIes o. l' ruttrn'rtl jtrst. it:t' crrtd cls,: \'ryolrrliorr nJ' Arii<:les ! 'J,lii tnttl -ll al' lle Clorr-slitrrliort of' wp_37100_2025 Ittclict atrcl cotLSeqL&lt. tru crirr:ct tlu: rc-:sltondertt Nct. 4 to rr:letase th. c seizecl uchi<:le of the petitioner uehicl. r: lrtr*1 br:arirrrT rt:a. rrilter TS-so-T-2Tlg (ASI-{OK LEYI. AND L\. D) to llrc lrctirion. er u*rich rras sriieccl fu1 reclisted,gl t-lR. nr>. 460 o. l'2O2. 5. rl. uted. : 0S-I t -2023 by ettr resportderfi.....

' 2 - Heard learned counsel for the petitioner, learned Government preader for civil supplies appearing for respondents No. l to 3 and learned Government Pleader for Home appearing for respondent No. 4. perused the material available on record. 3. Learned counsel for the petitioner submitted that the petitioner is only seeking rerease of the vehicle bearing No. TS-3 o-T-221g (Ashok Leyland) subject to the outcome of the proceedings initiated against him under Section z-A of the Essential commodities Act, 1955. He also submitted that in similar matter i. e. , w. p. No. 9g06 0f 2025 dated oL. o4. 2025, this court had directed the respondents \ wp_37100-2025 A to certain conditions' to release the vehicle subject Writ along with this Petition' same is filed copy of the 4. LeTrnedGovernmentPleaderforCivilsupplies Pleader for Home learned Government as well as the made by the the submission has not disputed learned counsel for the petitioner' this Writ 5.

In view of the above submissions' to the respondents petition is disposed of directing (Ashok No'TS-30-T-2718 release the vehicle bearing bank the petitioner furnishing Leyland) subject to a sum of way fixed deposit for guarantee by of in favour Fifty Thousand only) Rs. 50,OOO/- (Rupees ofrespondentNo. 2andalsofurnishingundertaking vehicle or alter alienate the subject that he will'not on it' The create any encumbrance its natrrre or release of the vehicle shall be subject to the outcome 7-A of under Section proceedings of the confiscation shall be Act' 1955' There the Essential Commodities costs' no order as to I 6. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. SD/ NNA KRISHNA T REGISTRAR //TRUE COPY// OFFICER To, 1. The. Principal Secretary, Consumer Affairs Food and Civil Supplies, State of Telangana, T. S. Secretariat Buildings, Hyderabad. 2. The District Collector, (Civil Supplies), Rangareddy District. 3.

The Deputy Tahasildar, (Civil Supplies) O/o District Civil Supplies Office, Rangareddy District. 4. The Station House Officer, Balapur Police Station, Rachakonda Commissionerate. 5. One CC to SRI DASI RAMESH, Advocate [OPUC] 6. Two CCs to GP FOR CIVIL SUPPLIES ,High Court for the State of Telangana at Hyderabad. [OUT] 7. Two CCs to GP FOR HOME , High Court for the State of Telangana at Hyderabad. [OUT] 8. Two CD Copies DAN BS w \ \ ,l HIGH COURT DATED:05/1 212025 ,f t,' -'J ORDER i'Y' 12 Ete Fffi i. . ,1 ti' WP. No. 37100 of 2025 "t, . SP. t'r'i. :i;: DISPOSING OF THE WRIT PETITION WITHOUT COSTS q,N . "R' v W h""

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.