KAVATI RAVI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the 2nd respondent in not directing the 3rd respondent to release Two Wheeler Vehicle bearing Registration No.TS 29 3387, seized in connection with COR No.16 of 2022 on the file of Prohibition and Excise Police Station, Suryapet, in spite of readiness of the petitioner to furnish the third party surety, as illegal, arbitrary and unconstitutional.

(2.) Heard counsel for the petitioner, learned Government Pleader for Excise appearing for respondent Nos.1 to 3 and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.

(3.) Petitioner contends that he is the owner of the vehicle and on the day when the said vehicle was seized by the respondents-authorities as being involved in illegal transportation of ID, he was attending to his personal work, whereupon the respondents have registered a case in COR No.16 of 2022 on the file of Prohibition and Excise Police Station, Suryapet; and that the petitioner is willing to furnish a third party security to the extent of the value of the vehicle and in spite of the readiness expressed by him, the respondents, in particular the 2nd respondent, is not directing the 3rd respondent to release the said vehicle and the said action of the respondents-authorities in seizing the vehicle and keeping it in open space, resulting in damage to the said vehicle, is contrary to the judgment of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai V/s. State of Gujarat (2002) 10 SCC 283.