Golla Mahesh v. The State of Telangana
Court: High Court for State of Telangana
Bench: B.VIJAYSEN REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-24. Golla Mahesh v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF DECEIVIBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 35884 OF 2024 Between: Golla {Vahesh, S/o Golla Chennappa Aged about 24 years Occ Business Owner of the Tractor bearing No. TS06UD4304 Trailer No. TS06UD4305 R/o H. No. 'l-7, tMaddur village and Mandal, fi/iahabubnagar district ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary Department of Home, Secretariat Buildings, Hyderabad f 2. The Station House Officer, Maddur P. S. Narayanpet District 3. The Tahasildar, Kothapally Mandal Narayanpet 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 MANDAMUS dectaring the action of the respondent No. 2 in seiziryg and detaining the Tractor bearing No. TS06UD4304 Trailer No. TS06UD4305 of the petitioner vide Crime No. 236 of 2024 is illegal, arbitrary, improper and violative of Article 14,19(1Xg) and 21 of the constitution of lndia and consequently direct the respondents to release the Tractor bearing No. TS06UD4304, Trailer No. TSOOUD4305 from the custody of the respondent No. 2 to the Petitioner lA NO: 1 OF 2024 '151 Petition under Section 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. 2 to release the Tractor bearing No. TS06UD4304 Trailer No. TS06UD4305 in Crime No.
236 of 2024 daled 8-12-2024 to the petitioner from the custody of the 2nd respondent pending disposal of the main writ petition SRI M KESHAV YADAV for the Petitioner: Counsel B' AGP HOME for the Respondent Nos'1&2: SRI SRIDHAR FOR Counsel REVENUE for the Respondent NO'3: GP FOR Counsel the following: ORDER The Court made THE HONOT]RABLE SRI JUSTTCE B. VTJAYSEN REDDY wRlT PETITION No. 35884 OF 2024 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No. 2 - the Station House Officer, Maddur Police Station, in not releasing the petitioner's vehicle i. e', Tractor bearing No. TS-06-UD-4304 and trailer bearing No. TS-06-UD- 4305 in connection with Crime No. 236 of 2024 of Maddur Police Station registered under Sections 303(2) of Bharatiya Nyaya Sanhita 2023 arrd Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 as being illegal and arbitrary. 2. Heard Mr. M.
Keshav Yadav, learned counsel for the Govemment petitioner and Mr. B. Sridhar, learned Assistant Pleader for Home. 3. Leamed Assistant Government Pleader for Home, having received written instructions dated 20. 12. 2024 from i i the Sub-Inspector of Police, Maddur Police Station, submitted that the subject vehicle of the petitioner was deposited before the , I leamed Judicial Magistrate of First Class, Kosigi, (for shott 'Trial Court') on 19. 12. 2024 along with Form - 60 as case property in CrimeNo. 236 of 2024 4. In view of the aforesaid submission of the leamed Assistant Govemment Pleader fbr Home, this Court is not inclined to grant any relief to the petitioner, as the petitioner has an effective altemate remedy of approaching the Trial Court for release of the subject vehicle. 5. Accordingly, this writ petition is disposed of, granting liberty to the petitioner to file an application under 503 of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) for release of subject vehicle.
On such application being filed, the Trial Court shall dispose of the same, in accordance with law, within a period of three (3) days thereof. There shall be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. rl _* o SD/. S. MALLIKARJUNA ASSISTANT REGIS //TRUE COPY// t SECTION OFFICER 1) To, Home' Secretariat Buildings' 1 The Principal Secretary Department of Hyderabad P S Narayanpet District 2 The Station House Officer, Maddur 3 The Tahasildar, Kothapally Mandal Narayanpet district 4 One CC to SRl. M KESHAV YADAV Advocate IOPUC] t \ I 5. Two CCs to GP FOR HOME ,High Court for the State of Telangana. [OUT] rl I 6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 7. Two CD Copies KKS lp- BS CC TODAY HIGH COURT { { I DATED:2411212024 1 HE ST4 14- e IJ 2 6"0E[ 2[21 O C) ORDER t * oE.. c, tU WP. No. 35884 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Q ',r \ fr_ lu -Y ttG? j-a\
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.