Shaik Lateef v. The State of Telangana
Court: High Court for State of Telangana
Bench: A.RAJASHEKER REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-28. Shaik Lateef 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) IVONDAY ,THE TWENTY EIGHTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION NO: 23973 OF 2020 Between: Shaik Lateef, S/o Shaik Raouf Aged about 36 years, occ. owner of the vehicle Ashok Leyland Dost RLS No. TS13UB 4454 RJo-. H. No. i2-2-356t6, SyeO Ali CuJa, lVlurad Nagar, Asifnagar, Hyderabad. ... PETITIONER AND '1 . The State of Te_langana,R9p. by its principal Secretary, Consumer Affairs, Civil Supplies T. S SeCretariat Buildings, Hyd'erabad ! 9od^a1d ^ ' 2. The Collector (CS), Hyderabad District Hydera6ad , 3. The Assitant_civilsuppty Officer, Khairatabad Circle, Hyderabad Tahsildar (CS), Oio Chief Rationing Office-r, Hyderabad. 1 ]le Pgputy 5. The Station House officer, Banjara Hills p,S. Banjara Hills,'Hyderabad City. ...
RESPONDENTS Petition under Article 226 of the Constitution of lndia praying thal in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate wrrt, order or direction more particularly one in the nature of WRIT OF IVANDAIVUS declaring the action of the respondent No,5 rn seizing the Vehicle Ashok Leyland Dost RLS Bearing No. TS13UB 44s4 of the petitioner under cover of FIR Crime No. 74412020 dated, 1411112020 (panchanama daled 1411112020) is illegal, rmproper without any power or authority under law and violation of Articles 19(1Xg) of the constrtution of lndia and set aside the same. lA NO: 1 OF 2020 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. 5 to release the seized Vehicle Ashok Leyland Dost RLS No. TS13UB 4454 to the petitioner under cover of FIR Crime No.
74412020 dated, 1411112020 ( Panchanama dated 1411112020) pending disposal of the main Writ petition. Counsel for the Petitioner : SMT. C. SUNITHA KUMARI Counsel for the Respondent Nos. 1 to 4: GP FOR CIVIL SUPPLIES Counsel for the Respondent No. S: GP FOR HOME The Court made the following: ORDER HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No. 23973 of 2020 ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplles Department 2. The case of the petitioner is that he is owner of the vehicle i. e. , Ashok Leyland Dost RLS bearing No. TS 13 UB 4454 and it was seized by the Sth respondent on 14. 11. 2020 on the allegation of illegal transportation of PDS Rice, and a case in Cr. No. 744 of 2020 was registered against the accused under the provisions of Essential Commodities Act.
3 Having considered the respective submissions made by the learned counsel, inasmuch as enquiry under Section 6-4 of the Essentral Commodities Act and the criminal prosecution before the criminal Court is yet to commence, pending enquiry of the proceedings, the petitioner being owner of the vehicle transporting the rice as a goods vehicle, there is no specification about the PDS commodities either in the Essential Commodities Act or in the Control Orders, and none can identify whether it is PDS rice or not, the Ss respondent shall release the seized vehicle in question on condition of the petitioner furnishing a personal bond for Rs. 25,000/- (Rupees twenty five thousand only) or third party security to the value of the vehicle and also on furnishing an undertaking that he will not alienate or change the physical features of the vehicle.
The Sd respondent shall also write to the RTA authority not to transfer the vehicle in question on any third parties name without clearance from the Civil 1. 2 ARR, J W. P. No. 23973 of 2020 supplies Department. The release of vehicle is in view of the situation existing on account of coVlD-19. The release of the seized vehicle shall be subject to the orders to be passed in the enquiry under section 6-4 of the Essential Commodities Act. 4. Subject to the above, the Writ petition is disposed of. No costs It4iscellaneous petitions, if any pending, shall stand closed. SD/. K. VENKAIAH ASSISTANT REGIS R ,TRUE COPY' \ SECTI OFFICE R To, 1. The Principal Se^cretary, Consumer Affairs, Food and Civil Supplies State of Telangana. T. S Secretariat Buildings, Hyderabad ^ 2. The Collector (CS), Hyderabad Disirict Hyderabad , 3. The Assitant_civil supp! y Officer, Khairatabad Circle, Hyderabad u Tahsildar_(CS), O/o Chief Rationing Officei, 1 Jl Pgp. rty Hyderabad. 5.
The Station House officer, Banjara Hills p. s. BJniara Hills. 'Hvderabad citv. 6. One CC to Smt. C. Sunitha Kuhari, Advocate tOpUCl 7. Two CCs to GP for Civil Supplies, High Court fbr the State of Telangana at Hyderabad. [OUT] B. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad (OUT) 9. Two CD Copies SM cr- HIGH COURT DATED:2811212020 ORDER WP. No. 23973 of 2020 HE s 14 Jtit 2021 * n I DISPOSING OF THE WP WITHOUT COSTS 1-,s \ 'a'-s
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.