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2025 Supreme(Online)(Tel) 36986

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
Chavada Dhanji Bhai – Appellant
Versus
The State of Telangana – Respondent
WP 34893/2025



ORDER

The Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in seizing the petitioner’s vehicle i.e., Lorry, bearing Registration No.GJ-18-AZ-8154, on the ground of carrying PDS rice by the Accused in Cr.No.198 of 2025, as illegal and arbitrary.

2. Heard learned counsel for the petitioner, learned Government Pleader for Civil Supplies appearing for respondents No.1 to 5 and learned Government Pleader for Home appearing for respondent No.6 and perused the entire material on record.

3. Learned counsel for the petitioner submitted that in similar circumstances, this Court disposed of W.P.No.657 of 2024 on 09.01.2024 and directed the respondents therein to release the vehicle with some conditions and requested to pass similar order.

4. Learned Government Pleader for Civil Supplies as well as the learned Government Pleader for Home has not disputed the submission made by the learned counsel for the petitioner.

5. In view of the above submissions, this Writ Petition is disposed of directing the respondents to release the petitioner’s vehicle i.e, Lorry, bearing Registration No. GJ-18-AZ-8154, subject to the petitioner furnishing bank guarantee by way of fixed deposit for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one local 3rd party surety for a like sum to the satisfaction of respondent No.2 and also furnishing undertaking that he will not alienate the subject vehicle or alter the nature or create any encumbrance on it. The release of the vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955.

There shall be no order as to costs.

6. Miscellaneous applications, if any, pending in this writ petition, shall stand closed.

_____________________________

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