Dharavath Sai Kumar vs. The State Of Telangana And 3others
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Order Issued After Hearing
Purpose:
Admission (Excise)
Listed On:
7 Nov 2022
Original Order Copy
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Order Text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY. THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 40800 OF 2022
Between:
Dharavath Sai Kumar, S/o. Mangya, Aged about 21 Years, Occ: Coolie, R/o. H.No.C-17, S.T. Thanda, Narlapur Village, S.S. Tadvai Mandal, Mulugu District – 506347, (Presently in District Jail, Khammam) Represented by his Mother Dharavath Bhadramma, Aged 37 years, Occ: Coolie.
...Petitioner
AND
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- The State of Telangana, rep. by its Principal Secretary, Excise Department, Secretariat, Hyderabad.
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- The Executive Magistrate-cum-Tahsildar, S.S. Tadvai Mandal, Mulugu District.
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- The Station House Officer, Prohibition and Excise Station, Mulugu, Mulugu District.
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- The Superintendent, District Jail, at Khammam, Khammam District.
...Respondents
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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2<sup>nd</sup> Respondent in issuing the Warrant in MC No.430/2022, dated 02/11/2022 as illegal, arbitrary and in violation of Articles 14 and 21 of the Constitution of India and also violative of procedure prescribed under Cr. P.C and consequently set aside warrant in MC No.430/2022, dated 02/11/2022 and also direct the 4<sup>th</sup> respondent to release the Petitioner from the District Jail, at Khammam, Khammam District.
IA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents herein to release the Petitioner herein from the District Jail, at Khammam, Khammam District, pending disposal of WP.No.40800 of 2022, 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 M/s. B. BALAJI Advocate for the Petitioner, GP FOR PROHIBITION AND EXCISE for the Respondent Nos.1 and 3, GP FOR REVENUE for the Respondent No.2 and GP FOR HOME for the Respondent No.4, the Court made the following.
ORDER:
$\mathcal{L}^{\mathcal{L}}$
There shall be interim direction to the respondent No.4 to forthwith release the petitioner from the District Jail, Khammam, pending disposal of the writ petition.
List on 14.12.2022 along with WP.No38200 of 2022.
SD/-L.SHIVA PARVATHI ASSISTANT REGISTRAR
Cedecallo SECTION OFFICER
//TRUE COPY//
To,
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- The Principal Secretary, Excise Department, State of Telangana, Secretariat, Hyderabad.
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- The Executive Magistrate-cum-Tahsildar, S.S. Tadvai Mandal, Mulugu District.
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- The Station House Officer, Prohibition and Excise Station, Mulugu, Mulugu District.
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- The Superintendent, District Jail, at Khammam, Khammam District (RR 1 to 4) by RPAD).
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- One CC to M/s. B. BALAJI, Advocate [OPUC].
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- Two CCs to GP FOR PROHIBITION AND EXCISE, High Court for the State of Telangana at Hyderabad [OUT].
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- Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT].
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- Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT].
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- One spare copy ZEE
HIGH COURT
BVRJ
DATED:07/11/2022
LIST ON 14.12.2022 ALONG WITH WP.NO38200 OF 2022.
ORDER
WP.No.40800 of 2022
INTERIM DIRECTION