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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.2293 of 2026

DATED : 28-01-2026

Between :

Mulkala Harish.

… Petitioner.

And

The State of Telangana, represented

by its Principal Secretary,

Home (Excise) Department, Secretariat,

Hyderabad and others.

… Respondents.

ORDER :

The present writ petition is filed by the petitioner under Article

226 of the Constitution of India, seeking the following relief :

“…to declare the action of the 5^th respondent in seizing the

petitioner’s vehicle Mahindra XUV 500 vehicle bearing temporary

registration No.TS 07 AMTR 5772 & permanent registration

No.TS 07 GJ 2205 in Crime No.442 of 2025 of LMD Colony Police

Station, dated 09.12.2025, as illegal, arbitrary and

unconstitutional, being violative of Article 14 and 300A of the

Constitution of India and consequently direct the respondent

Nos.3 to 5 to forthwith release the said vehicle..…”

2. Heard Sri Khammam Srinivas, learned counsel for the

petitioner, Sri A.Jagan, learned Government Pleader for Excise and

Sri M.Srinivas, learned Assistant Government Pleader representing

Sri Mahesh Raje, learned Government Pleader for Home.

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3. The learned counsel for the petitioner submits that the

petitioner is the absolute owner and lawful possessor of a Mahindra

XUV 500 bearing Temporary Registration No.TS-07-AMTR-5772 and

Permanent Registration No.TS-07-GJ-2205, duly registered with the

competent Regional Transport Authority, Telangana and covered by

valid statutory documents. On 09.12.2025, the 5th respondent

registered Crime No.442 of 2025 of LMD Colony Police Station,

Karimnagar District, under Section 34(a) of the Telangana State Excise

Act, 1968, alleging illegal transportation of liquor. In connection

therewith, the subject vehicle was seized along with certain liquor

bottles and is presently kept in the open premises of the police station.

(a) The learned counsel for the petitioner further submits that

the vehicle was given on rent for two days to a known driver and that

the petitioner had no knowledge or involvement in the alleged illegal

activity. Except for seizure, no confiscation proceedings have been

initiated till date and no show-cause notice or order has been issued by

the competent authority, as required under the Telangana State Excise

Act.

(b) He further submits that despite the petitioner’s readiness

to furnish third-party surety, the 4^th respondent has failed to issue

orders for interim release of the vehicle, rendering the continued

detention illegal and arbitrary. The vehicle, being kept in open custody,

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is deteriorating rapidly, causing depreciation and mechanical damage.

The petitioner is an owner-cum-driver and the subject vehicle is his

sole source of livelihood. Continued detention has resulted in serious

financial hardship. The upset value fixed at Rs.5,75,000/- is beyond the

petitioner’s capacity, as the vehicle was purchased through automobile

finance and he belongs to a lower middle-class background. The

continued retention of the vehicle without initiating confiscation

proceedings or passing a reasoned order amounts to arbitrary exercise

of power, violates principles of natural justice and results in unjust

deprivation of the petitioner’s right to property under Articles 14 and

300-A of the Constitution of India.

(c) In the absence of any alternative efficacious remedy, the

petitioner has invoked the extraordinary jurisdiction of this Court

under Article 226 of the Constitution of India. Accordingly, the

petitioner seeks issuance of a writ of mandamus declaring the seizure

and continued detention of the vehicle in Crime No.442/2025 as illegal

and unconstitutional and for a consequential direction to respondent

Nos.3 to 5 to forthwith release the vehicle, in the interest of justice.

The petitioner undertakes to fully cooperate with the investigation and

to comply with any conditions that may be imposed in the event of

release of the vehicle.

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4. Sri A.Jagan, le