Telangana High Court
Banoth Mangi 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.33212 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 26 F 9670, seized in connection with COR No.81
of 2022 on the file of Prohibition and Excise Police Station, Gudur, 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.81 of 2022 on
the file of Prohibition and Excise Police Station, Gudur; 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 2 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 26 F 9670 seized in connection with COR No.81 of 2022
on the file of Prohibition and Excise Station Police Station, Gudur, 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.
8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
No order as to costs.
___________________
T. VINOD KUMAR, J
Date:23.08.2022
GJ
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No. 33212 of 2022
23.08.2022
GJ
