Sandaveni Anil vs The State Of Telangana
2023 Latest Caselaw 2845 Tel

     THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

                   WRIT PETITION No.25974 of 2023
ORDER:

This Writ Petition, under Article 226 of the Constitution of

India, is filed by the petitioner, seeking the following relief:

"....to issue an appropriate WRIT order or direction more particularly one in the nature of WRIT OF MANDAMUS Declaring the action of the 2nd Respondent SHO, Punjagutta Traffic Police Station illegally confining/ seizing the petitioners vehicle bearing Vehicle Number TS 22 F 9383 from intervening night of dt.09.09.2023 till today without any authority of law and in contrary to the judgment of this Hon'ble High Court in W.P.No.1647 of 2021 & Batch and subsequently direct the respondent no.2 to release the vehicle confined forthwith in compliance of this Honourable Courts order passed in W.P.No.1647 of 2021..."

2. It is the case of the petitioner that he is the registered owner of

vehicle bearing No.TS 22 F 9383 and the same was seized on the

intervening night of 09.09.2023 and a drunken drive challan

No.HYD06TD239437875 was issued to him by the Punjagutta Traffic

Police Station alleging violation of drunken driving (Section 185(a) of

M.V.Act) and without driving license (Section 181/177 of M.V.Act). It

is further case of the petitioner that even after producing all the

relevant documents, the respondent No.2 is not releasing the vehicle

which was seized by him on the intervening night of 09.09.2023.

3. The learned counsel for the petitioner has submitted that in

similar circumstances, this Court disposed of batch of writ petitions

i.e, W.P.Nos.1647 of 2021 and batch, wherein vide common order

dated 29.10.2021, directed the Police or any other Official who has

the custody of such vehicle to release the same either to the owner or

any authorized person on production of certificate of registration (RC)

of the said vehicle, proof of identity and a valid driving license. It is

submitted that the petitioner's case is similar to the petitioners in

W.P.Nos.1647 of 2021 and batch and therefore, prayed this Court to

grant the similar relief as granted in W.P.Nos.1647 of 2021 and batch.

4. In view of the above submissions, this Writ Petition is disposed

of in terms of the common order dated 29.10.2021 passed by this

Court in W.P.Nos.1647 of 2021 and batch and the respondent No.2 is

directed to release the vehicle bearing No.TS 22 F 9383 to the

petitioner on production of certificate of registration (RC) of the said

vehicle, proof of identity and a valid driving license, within a period of

one (1) week from the date of receipt of a copy of this order.

Miscellaneous Petitions, if any, pending in this writ petition

shall stand closed. No order as to costs.

___________________________ C.V. BHASKAR REDDY, J Date: 03.10.2023 Note: Issue C.C today.

(b/o) scs