Cholamandalam Investment and Finance Company Limited v. 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 2020-12-23. Cholamandalam Investment and Finance Company Limited v. State of Telangana. Read the judgment...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA (Special Original J urisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION NO: 23262 OF 2020 Between: Cholamandalam lnvestment and Finance Company Limited, Represented by its Senior lVanager Legal IVlr. Ali Abbas Kashani, S/o. Vali BaigKashani, Aged 52 Years, Having Regional office at 7-1-5912, 59/6, 102, First Floor, Mandhana Towers, Ameerpet, Hyderabad. ... PETITIONER/ OWNER OF THE VEHICLE AND 1 State of Telangana, Represented by its Secretary, Consumer Affairs, Food and Civil Department, Secretariat Buildings, Hyderabad. 2 The Station House Officer, Chinna Chinta Kunta Police Station, Mahabubnagar District 3. The Joint-Collecto r, [,4ahabubnagar District 4. Y. Ganganna, S/o. Pedda Hanmanthu, Aged lVla1or, Occ: Business, R/o. H. No 1 -24, Kalivada-2, l\,4adnapur, Kothakota, Mahabubnagar 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 a Writ, Order or direction more particularly one in the nature of Writ of l\,4andamus, directrng the respondents herein more particularly to the 2nd respondent herein to release the vehicle i. e. , Ashok Leyland Dost Plus bearing No. TS 32 T 4429 rn the interest of justice. 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 respondents to henceforth grant interim custody of the vehicle i. e. , Ashok Leyland Dost Plus bearing No. TS 32 f 4429 to the petitioner in the interest of justice, pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI P. SHASHI KIRAN Counsel for the Respondent No. 1: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.
2: GP FOR HOME Counsel for the Respondent No. 3: GP FOR REVENUE Counsel for the Respondent No. 4: ------- The Court made the following: ORDER REDDY A. RAJASHEKER THE HON'BLE SRI JUSTICE W. P. N o. 23262 OF 2020 ORDER Officer' Station House Aggrieved by the action of the 2nd respondent - vehicle District' in seizing the Station' Mahabubnagar Chinnachinta Kunta Police Plus bearing No TS 32 T 4429 on the Ashok Leyland Dost of the petitioner i. e.
, crime under of PDS rice' and in registering a allegation of illegal transportation Act' 1955 (for of the Essential Commodities and Section 7-A Section 420 of IPC short the Act'), the present writ petrtion is filed Learned counsel for the petitioner submits that this court in similar facts of the 08 09 2020 disposed of 2020 dated W P No and circumstances in '14923 6-4 of the Act' the inquiry under Section that pending writ petition directing and the vehicle on furnishing security' release the stock and authorities to order in respect of release of vehicle may case' similar therefore, in the present be passed.
LearnedGovernmentPleaderforCivilsuppliesandthelearnedAssistant not disputed the above submission' Government Pleader for Home, have the of the case and circumstances to the facts and Having regard order passed by this court' which is the learned counsel' and the submissions of opinion and without expressing any the reasons alike' referred to above and for the 2nd respondent to release writ petition is disposed of directing on merits, this personar bond for a sum of petitioner furnishing the subject vehicre on condition value of or 3,d party security to the (Rupees fifty thousand only) of Rs.
50,0001 that it will not alienate or change also on furnishing undertaking the vehicle, and the vehicle' the physical features of not to transfer also write to the RTA authorities The 2nd respondent shall the Civil name without clearance from the vehicle in question on any third parties Supplies DePartment It is made clear that the release of the vehicle is in view of the situation existing on account of COVID 19 - The release of the seized vehicle shall be subject to the orders to be passed in the inquiry under Section 6-4 of the Act. lnterlocutory applications pending, if any, shall stand closed No order as to costs. SD/-B. SATYAVATHI ASSISTANT REGI R //TRUE COPY// SECT N OFFICER To, Food and Civil Department, State of 1. The Secretary, Consumer Affairs, Telangana, S-ecretariat Build ings, Hyderabad. Station, 2. The Station House Officer, Chinna Chinta Kunta Police Mahabubnagar District 3. The Joint-Collector, MahabubnagarDistrict 4. One CC to Sri. P.
Shashi Kiran, Advocate [OPUC] for the State of Telangana' 5. Two CCs to GP for Civil Supplies, High Court lourl Telangana 6, Two CCs to GP for Home, High Court for the State of [OUT] State of Telangana 7. Two CCs to GP for Revenue, High Court for the [OUT] 8 Two C. D. CoPies Prk HIGH COURT DArED:2311212020 1 HE s T4 ,( c 0 4 JAN 2021 ORDER * . s WP. No. 23262 o'f 2020 Disposing of the WP. without costs. \ 1,D \ :\ N.
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