THE HON’BLE SRI JUSTICE K.SARATH

ORDER:

This writ petition is filed questioning the action of the respondents in putting lock and seal and seizing the ground floor portion of premises No.1-5-846, Plot No.84, Om Sri Sai Nagar, Old Alwal, Secunderabad, without following due process of law as illegal and arbitrary and to direct the respondent No.2 to remove the lock and seal of the said portion of premises.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

3. Learned Counsel for the petitioner submits that at the time of admission on 04.12.2017, this Court granted interim order directing the respondent No.2 to remove the seal of the ground floor portion of the subject premises subject to petitioner producing proof of ownership of the property. He submits that in spite of lapse of more than 7 years, the respondents did not choose to file counter or vacate petition denying the averments made by the petitioner and requested to dispose of the writ petition with a direction to the respondent No.2 not to seize the property of the petitioner without following due process of law.

4. On the other hand, learned Assistant Government Pleader for Revenue submits that before filing of the writ petition, the respondent No.2 has issued proceedings No.L/255/2017 dated 22.03.2017 in view of the letter addressed by the Station House Officer, Alwal Police Station dated 10.02.2017, but they are unable to produce any document. He further submits that after following due procedure under Section 18(1) of Prevention of Immoral Traffic Act, 1956 (for short ‘the Act, 1956’), the respondents have seized the property of the petitioner.

5. As per the proviso to Section 18 (1) of the Traffic Immoral (Prevention) Act, 1956, if the Magistrate finds that the owner, lesser or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he may cause the same to be restored to the owner, lessor or landlord, or the agent of the owner, lessor or landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper user therein.

6. In the instant case, as per the proceedings No.L/255/2017 dated 22.03.2017, the respondent authorities have not followed the procedure as completed under Section 18(1) of the Act, 1956 for seizing the property of the petitoner. In view of the same, the action of the respondents basing on proceedings No.L/225/2017 dated 22.03.2017 is liable to be set aside and the respondent authorities without following due procedure as contemplated under Section 18(1) of the Act, 1956, have not empowered to seize the suit schedule property.

7. With the above findings, the Writ Petition is disposed of directing the respondents without following due procedure as contemplated under Section 18(1) of Prevention of Immoral Traffic Act, 1956 not to seize the suit schedule property of the petitioner. No order as to costs.

8. Miscellaneous Applications, if any pending in this writ petition, shall stand closed.

_____________________ JUSTICE K.SARATH Date:11.04.2025 sj