KORE RAJU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Prohibition and Excise.

(2.) Petitioner claims to be the owner of JCB vehicle bearing registration No.TS-07-GG-2851 having purchased the same in the year 2018 and has a hire purchase agreement with the private finance company. According to petitioner, his vehicle was hired by person, by name, Goundla Manikyam Goud @ Ediga Manikyam, who is the owner of land in Survey No.224 of Yettla Erravelly Village, Shabad Mandal, to level his land. Accordingly, vehicle was sent with his driver to the fields for excavation/cleaning of agricultural land on 18.05.2020. According to petitioner, even before the vehicle entered the land of Mr. Manikyam, it appears, the toddy trees were already uprooted and a galata was taking place and the petitioner's vehicle was not allowed to enter into the land. However, brother of pattedar and his children filed a complaint with the Sub Inspector, Prohibition and Excise Station, Chevella, alleging that four Shendi Trees were uprooted by using the JCB vehicle. Accordingly, Crime No.29 of 2020 was registered on 18.05.2020 under Section 27 r/w 40 of the Telangana Excise Act, 1968 (for short, "?the Act') by respondent No.5. Confiscation proceedings initiated against the petitioner resulted in order of confiscation of the vehicle of the petitioner dated 14.09.2020. In this writ petition, petitioner challenges the said order of confiscation.

(3.) When the writ petition is taken up for consideration, learned Assistant Government Pleader representing the Excise Department raised preliminary objection on the maintainability of the writ petition on the ground that against the order of confiscation made by the Deputy Commissioner, Prohibition and Excise, remedy of appeal is available before the Commissioner of Prohibition and Excise and without availing the said remedy, this writ petition is not maintainable.