Telangana High Court
Banovath Surya vs The State Of Telangana And 2 Others on 23 August, 2022
Bench: T.Vinod Kumar
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
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
(2002) 10 SCC 283
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
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No. 33247 of 2022
23.08.2022
GJ
