THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.33247 of 2022
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the 2nd respondent in not directing the 3rd respondent to release Two Wheeler Vehicle bearing Registration No.TS 05 EK 6749, seized in connection with COR No.190 of 2022 on the file of Huzurnagar Prohibition and Excise Station, Suryapet, in spite of readiness of the petitioner to furnish the third party surety, as illegal, arbitrary and unconstitutional.
2. Heard counsel for the petitioner, learned Government Pleader for Excise appearing for respondent Nos.1 to 3 and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. Petitioner contends that he is the owner of the vehicle, and the said vehicle was seized by the respondents-authorities as being involved in illegal transportation of ID, whereupon the respondents have registered a case in COR No.190 of 2022 on the file of Huzurnagar Prohibition and Excise Station, Suryapet; and that the petitioner is willing to furnish a third party security to the extent of the value of the vehicle and in spite of the readiness expressed by him, the respondents, in particular the 2nd respondent, is not directing the 3rd respondent to release the said vehicle and the said action of the respondents-authorities in seizing the vehicle and keeping 2 it in open space, resulting in damage to the said vehicle, is contrary to the judgment of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai V/s. State of Gujarat1.
4. Learned Government Pleader, on the other hand, submits that the subject vehicle was seized by the 3rd respondent on being used for transportation of 3 liters of ID liquor; and that in terms of the provisions of Section 46 of the Telangana Excise Act, 1968 (for short, 'the Act'), the petitioner can approach the respondents- authorities, in particular the 2nd respondent, and make an application seeking release of the vehicle, which would be considered by the said authority.
5. Learned Government Pleader has also brought to the notice of this Court a similar order passed in W.P.No.14663 of 2020, dated 03.09.2020, wherein this Court directed the petitioner therein to approach the 2nd respondent, i.e. the Deputy Commissioner, by making an application and on such application being made, directed the said authority to consider the said application within a time frame.
6. Since in the present case the petitioner is similarly situated and for the reasons alike as were stated in the order dated 03.09.2020 passed in W.P.No.14663 of 2020, the petitioner is directed to approach the 2nd respondent by making an application under Section 46 of the Act seeking release of two wheeler vehicle bearing registration No.TS 05 EK 6749, seized in connection with COR No.190 of 2022 on the file of Huzurnagar Prohibition and Excise Station, Suryapet, and on such application being filed seeking release of the subject vehicle, the said authority shall consider and dispose of the same in accordance with law, as expeditiously as 1 (2002) 10 SCC 283 3 possible, preferably within a period of two weeks from the date of receipt of the application.
7. Subject to the above, the Writ Petition is disposed of. No order as to costs.
8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
___________________ T. VINOD KUMAR, J Date:23.08.2022 GJ 4 THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 33247 of 2022 23.08.2022 GJ 5