Mulkala Harish v. The State of Telangana
Court: High Court for State of Telangana
Bench: E.V. VENUGOPAL
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-01-28. Mulkala Harish v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
I I [ 329e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL WRIT PETITION NO: 2293 OF 2026 Between: Ivulkala Harish, S/o. Yellaiah Aged about 34 years, Occ. Pvt Employee R/o. H. No. 1-26, Ramachandrapur Village Koheda lrlandal, District. Siddipet Pincode-505528. ... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Home (Excise) Department, Secretariat, Hyderabad 2 The Commissioner of Prohibition and Excise, Telangana State, Hyderabad. J The Superintendent of Police, Karimnagar District. 4 The Deputy Commissioner of Prohibition and Excise, Karimnagar District. 5 The Station House Officer, LMD Colony Police Station, Karimnagar District. ...
RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 5th Respondent in seizing the Petitioner's vehicle tr,4ahindra XUV 500 Vehicle bearing Temporary Reg. no. TS-07-AMTR-5772 and Permanent Reg. no. TS-07-GJ-2205, in Crime No. 44212O25 of LMD Colony Police Station, dated 09-12-2025, as illegal, arbitrary, and u nconstitutio na I, being violatlve of Article 14, and 3004 of the Constitution of lndia and consequently direct Respondent Nos. 3 to 5 to forthwith release the said vehicle. lANor_aE2! 20 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 Respondents to forthwith release the Petilioner's vehicle i. e.
, Mahindra XUV 500 Vehicle bearing Temporary Reg. no. TS-07- AMTR-S772 and Permanent Reg. no. TS-07-GJ-2205 in Crime No. 44212025 of LMD Colony Police Station, pending disposal of the above writ petition, on such terms and conditions as this Hon'ble Court may deem fit and proper. lA NO: 2 OF 2026 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 Respondents to forthwith reduce the upset value fixed by motor vehicle inspector in the inspection report for the Petitioner's vehicle i. e. , Mahindra XUV 500 Vehicle bearing Temporary Reg. no. TS-07- AMTR-5772 and Permanent Reg. no. TS-07- GJ-2205 in Crime No. 44212025 of LMD Colony Police Station, pending disposal of the above writ petition, on such terms and conditions as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner: SRI KHAMMAM SRINIVAS Counsel for the Respondent No. 't, 2 & 4: SRI A.
JAGAN, GP FOR PROHIBITION & EXCISE Counsel for the Respondent No. 3 & 5: SRI M. SRtNIVAS, AGp, REp. SRI MAHESH RAJE, GP FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E. V. VENUGOPAL WRIT PETITION No. 2293 of 2026 DATED :28-OL-2O26 Between : Mulkala Harish. -.. Petitioner. Anrl The State of Telangana, represented by its Principal Secretary, Home (Excise) Department, Secreteriat, Hyderabad and others. ... Respondents. OBDDR: 1'hc pre scnt s'rit petition is filt:rl b1,' thc pctitioncr under Article 22f; ol thc Cor. rstitutiorr ol'Ircli:r, st cking tht lollou,ir-ril rcliel : "... to dcclare Lhc action ol-the 5th respondent in seizing the petitioner's vehiclc Mahindra XUV 500 vehicle bearing temporary registration Itlo. TS O7 AMTR 5772 & permanent registration No. 'lS 07 GJ 22OS in Crime No. 442 ol 2025 of LMD Colony Police Station, dated 09. \2.
2025, as illegal, arbitrary and unconstitutional, being violativc of Article 14 and 30OA of the Constitution ol India and consequently direct the respondent Nos. 3 to 5 to lorthwith release thc said vehicle..... " 2. I Ieard Sri Khammam Srinivas, learned counsel for tJle petitioner, Sri A. Jagan, iearned (iovernment Plcader for Excise and Sri M. Srinivas, Icarnecl Assistant Government Pleader representing Sri Mahesh Raje, learned Government Pleader lbr Home' -r Page 2 ol-7 3. The learned counsel for the petitioner submits that the petitioner is the absolute o$rner and lawful possessor of a Mahindra XUV 500 bearing Temporary Registration No. TS-O7-AMTR-5772 and Permanent Registration No. TS-07-GJ-2205, duly rcgistered with the 'l'elangana competent Regional Transport Authority, and covered by valid statutory documents. On O9. 12. 2025, thc 5rh respondent registered Crime No.
442 of 2025 of LMD Colony Police Station, Karimnagar District, under Section 34(a) of the Telangana State Excise Act, 1968, alleging illegal transportation of liquor- In connection therewith, the subject vehicle was seized along u'ith certain liquor bottle s and is presently kept in the open premises of lhe police station. (a) The learned counsel for the petitioner lurthcr submits that the vehicle was given on rent for two days to a knou'n driver and that the petitioner had no knowledge or involvement in the alleged illegal activity. Except for seizure, no confiscation proceedings have been initiated till date and no show-cause notice or order has been issued by the competent authority, as required under the Telangana State Excise Act (b) He further submits that despite the petirioner,s readiness to furnish third-party surety, the 4tr respondent has failed to issue orders for interim release of the vehicle, rendering the continued detention illegal and arbitrary.
The vehicle, being kept in open cugtody, ,/ Page 3 of7 is deteriorating rapidly, causing depreciation and mechanical damage. The petitioner is an owner-cum-driver and the subject vehicle is his sole source of livelihood. Continued detcntion has resulted in serious financial hardship. The upset value fixed at 11s. 5,75,000/ - is beyond the petitioner's capacity, as the vehicle ',vas purchased through automobile finance and he belongs to a lower middle-class background. The continued retention o[ the vehicle without initiating confiscation proceedings or passing a reasoned order amounts to arbitrary exercise of power, violates principles of na[ural justice and results in unjust deprivation of the petitioner's right to prol)erty under Articles 14 and 300-A of the Constitution of India. (c) In the absence of an1, allernative efficacious remedy, the petitioner has invoked the extraordinzrry jurisdiction of this Court under Article 226 of the Constitution of lndia.
Accordingly, the petitioner seeks issuance of a writ o[ mandamus declaring the seizure and continued detention of the vehicle in Crime No. 44212025 as illegal and unconstitutional and for a consequential direction to respondent Nos. 3 to 5 to forthr,",ith release the vehicle , in the interest of justice. The petitioner undertakes to fully cooperatc with the investigation and to comply with any conditions that may be imposed in the event of release of the vehicle. \ Page . l ol 7 - 4 . Sri A. Jagan, learned Government Pleader for Excise, reiterating the written instructions dated 26. O1. 2026 submitted by the Sub-[nspector of Police, LMD Colony Police Station, Karimnagar Commissionerate and opposing the present writ petition vehemently contended that the writ petition is misconceived and liable to be dismissed at the threshold. The seizure of the vehicle was effected strictly in accordance with law in connection with Crimc No.
442 of 2O25 registered under Section 34(a) of the Telangana State Excise Act, I 968. On O9. I2. 2O25, acting upon credible information, the police intercepted the :ubject Mahindra XUV 5OO and apprehended the accused porting a large quantity of liquor, namely 480 I quarter bo Stag and 12O bottles of Kingfisher Premium Beer, w,ithout rmit or authorization. The contraband and the vehicle u,ere ,d under a valid panchanama in the presence of independent mediators. Chemical analysis confirmed the seized material to be alcoholic liquor. (a) A case was registered, investigation was conducted in accordance with law and upon completion thereof, a charge sheet has been filcd before the competent Special Court. The seized property, including the vehicle, was duly dcposited with the Deputy Commissioner gl Police, prohibition ancl Excise, Karimnagar, along with the valuation report.
The allegation that the seizure is illegal, arbitrary or violarive of Articles 14 and 300-,4 ol the Constitution is wlqolly Pa3e 5 ol 7 unfounded. The vehicle was used in the commission of a cognizable oflence under thc Excise Act and its seizure is expressly authorized under the statute. No constitutional or statutory violation is made out. (b) lt is further submitted that a notice under Section 46-4. of the Telangana State Excise Act, 1968, dated 2i. O1. 2026, was issued to the petitioner prior to confiscation of the vehicle, calling upon him to appear before the Deputy Commissioner of Prohibition and Excise, Karimnagar Division, within fifteen (J 5) days from the date of receipt of the notice, either in person or through an advocate and to submit a written representation, il any, against the proposed confiscation.
However, the petitioner has neither approached the competent authority, namely the 4th respondent, seeking release of the vehicle nor exhausted the statutory remedies available under the Excise Act. Without availing such alternative rcmedies, the petitioner has directly invoked the cxtraordinarv jurisdiction of this Court, which is impermissible. Ilence, the present writ petition is liable to be dismissed. 5. Having consiclered the submissions of the learned counsel for the petitioner and the learned Government Pleader for Excise and upon perusal of the material placed on record, this Court is of the considered view that the statute provides an eflicacious remedy to the Act, 1968' petitioner under the provisions of the Telangana State Excisc ThoughthelearnedGovernmentPleadercontendsthatanoticeunder . - l'age 6 ol-7 Section 46-A of the Act dated 21. O1 .
2026 has been issued proposing confiscation of the subject vehicle, it is spccifically asserted by the learnecl counscl ior the petitioner that the said notice has not yet been sen,cd up<;n r>r rcccivcd by the petitioner and thercfore, he has not been alforded an cffective opportunity to submit his explanation before the competent authority. At the same time, it is not in dispute that the competent authority for considering the petitioner's explanation and for passing appropriate orders, including on the issue of interim release of the vehiclc, is the 4rh respondent. In view of the availability of such statutorv rcmedy, the invocation of the extraordinary jurisdiction of this Court unde r Arttcle 226 of the Constitution of lndia, at this stage , is not warranted.
However, considering the fact that the vehicie is lying in open custod;r and that prolonged detention may result in deterioration and deprcciation and that the subject vehicle is the sole source of livelihood of the petitioner, this Court deems it appropriate to grant lrmitcd lilx. rrv lo lhe petitioner. (a) Accordir-rgly, the petitioner is directed to approach the 4tt rcsp()nd(,nt and strbmit his explanation and/or make an appropriate a pplicatio. r seeking interim release of the vehiclc viz. Mahindra XUV 500 vehicle bearing temporary registration No. TS 07 AMTR 5772 & permanenr registration No. TS 07 GJ 22os in connection with crime No. 442 ot 2025 of LMD Colony police Station, dated 09. 12. 2025.
rJpon such application being made, the 4th respondent shall consider and Page 1 ol1 examine the case of the petitioner in accordance with law and if found appropriate, release the said vehicle on interim custody, subject to the pctitioner executing zr Fixed Dcposit Receipt (FDR) for a sum of Rs. 50,00O/- (Rupees lifty thousand only). Thc petitioner shall not encash the said fixed deposit or create lien or mortgage on the fixed deposit during pendency of the case. The petitioner shall produce original R. C. Book o[ the subject vehicle at the time of release of the vehicle. The petitioner shall furnish an undertaking that he 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. The petitioner shall also give an undertaking that he will produce the vehicle as and when directed by thc concerned Court or competent authority. 6.
With the above observations and directions, the present writ petition is disposed of. No costs 7. Interlocuiory applications, il any pending, shall :rlso stand closccl. SD/ P. PONNA KRIS STANT R AR //TRUE COPY// SECTION OFFICER To, \ ecretariat, HYderabad, 1 The Principal Secretary, Home (Excise) Department\ State of Telangana. 2. The commissioner of Prohibition and Excise, Telangana state, Hyderabad \ I 3. The Superintendent of Police' Karimnagar District' and Excise' Karimnagar District' 4. The Deputy Commissioner of Prohibition District LMD Colony Police Station, Karimnagar 5. The Station House officer, [OPUC] 6. One CC to SRI KHAMMAM SRINIVAS' Advocate 7. Two CCs to GP FOR PROHIBITION & EXCISE, High Court for the State of Telangana at Hyderabad [OUT] 8. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] 9. Two CD Copies BSR \y \ HIGH COURT DATED: 2810112026 t ':) . ) ORDER 1 2026 3 rrq WP. No. 2293 of 2026 * ? os. , ^,_. r,il..
l I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS
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