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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY , THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND

TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 1373 OF 2021

Between:

/ Keesari @ Kisara Narayana, S/o.Venkataiah

AND

• X. State of Telangana, rep. by its Principal Secretary, Excise Department Secretariat, Hyderabad.
• 2. The Commissioner, Prohibition and Excise, Nampally Hyderabad.
• 3. The Deputy Commissioner, Prohibition and Excise, Karimnagar Karimnagar District.
• 4. The Station House Officer, Manthani Proh. and Excise Station Peddapalli (Karimnagar District)

Respondents

Petitioner

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in passing the proceedings in Cr.No.81/2020/P and Ex/A3, dt.05/01/2021 directing the 4th respondent to seize the confiscated vehicle No.AP15-TA-2178 Bolero Camper SC XL (goods carriage) is without servicing the copy of confiscation proceedings dt.10/06/2020 passed by the 3rd Respondent is illegal, arbitrary and consequently set aside the same,;

IA NO: 1 OF 2021:

Petition under Section 151. CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay the proceedings passed by the 3rd respondent in Cr.No.81/2020/P&Ex/A3, dt.05.01.2021, pending disposal of the WP 1373 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI P SHRAVAN KUMAR GOUD Advocate for the Petitioner and GP FOR EXCISE & PROHIBITION for the Respondents, the Court made the following.

ORDER:

At the request of learned Government Pleader for Excise and Prohibition to get specific instructions with regard to service of confiscation order dt.10.06.2020 on the petitioner on 18.06.2020 through Station House Officer, Manthani, as mentioned in the order dt.05.01.2021, list on 27.01.2021.

In the meanwhile, the 4^th respondent shall not re-seize the subject vehicle pursuant to the order dt.05.01.2021.

//TRUE COPY//

Sd/- T.TIRUMALA DEVI ASSISTANT REGISTRAR SECTION OFFICER

• The Principal Secretary, Excise Department, State of Telangana, Secretariat, Hyderabad.
• 2. The Commissioner, Prohibition and Excise, Nampally Hyderabad.
• 3. The Deputy Commissioner, Prohibition and Excise, Karimnagar Karimnagar District.
• 4. The Station House Officer, Manthani Proh. and Excise Station Peddapalli (Karimnagar District) (1 to 4 by RPAD)
• 5. One CC to SRI. P SHRAVAN KUMAR GOUD Advocate [OPUC]
• Two CCs to GP FOR EXCISE & PROHIBITION ,High Court at Hyderabad. [OUT]
• 7. One spare copy

Τо,

HIGH COURT

KLJ

DATED:22/01/2021

POST ON 27.01.2021

ORDER

WP.No.1373 OF 2021