Mudavath Ramesh vs The State Of Telangana And 2 Others
2022 Latest Caselaw 1566 Tel

                        THE HON'BLE SRI JUSTICE T. VINOD KUMAR

                              Writ Petition No.15632 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 petitioner's Two

Wheeler vehicle bearing Registration No.TS 05 FC 6125, seized in connection with

PCR No.6 of 2022 on the file of Prohibition and Excise Police Station, Nampally, 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 above said vehicle; that the

respondents have registered a case in PCR No.6 of 2022 on the file of Prohibition and

Excise Police Station, Nampally, and seized the said vehicle as being involved in

illegal transportation of ID; that on the day when the said vehicle was seized by the

respondents-authorities, it was given to his uncle, who borrowed the same for

attending his personal work; 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 that 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.

(2002) 10 SCC 283

4. Learned Government Pleader, on the other hand, submits 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 FC 6125, seized in connection with PCR No.6 of 2022

on the file of Prohibition and Excise Station Police Station, Nampally, 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

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 28th March, 2022

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THE HON'BLE SRI JUSTICE T. VINOD KUMAR

Writ Petition No. 15632 of 2022

28.03.2022

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