IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.36978 OF 2014 BETWEEN Rangu Prabhakar AND ... PETITIONER The State of Telangana, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner states that he is a licencee of A4 shop situated at Peddapally and his licence was in existence from 01.07.2013 to 30.06.2014 and was renewed on 18.07.2012 for the period from 01.07.2013 to 30.06.2014. Petitioner was also granted licence for permit room attached to A4 shop. While so, he alleges that on 07.06.2014 at 05:30 PM respondent No.4 inspected petitioner’s shop and allegedly found non-duty paid liquor and seized the said stock under panchanama and registered a case in COR No.258 of 2014-15 of Prohibition and Excise Station, Peddapally under Section 34(a) r/w 36(c) of the A.P.Excise Act. Petitioner denies any such allegation. However, so far as the seized stock is concerned, petitioner states that he has all the supporting bills relating to the stock seized and the cost of seized stock is approximately Rs.8,00,000/-. He, therefore, made a request to respondent No.3 for release of the seized stocks pending enquiry and investigation. Petitioner’s request for release dated 28.07.2014 is, however, stated to be pending with the Deputy Commissioner of Excise, Karimnagar, and alleging inaction with respect thereto, the present writ petition is filed.
3. Since the request of the petitioner in the present writ petition is only limited to the release of stocks, learned Government Pleader submits that the Deputy Commissioner would pass appropriate orders expeditiously and in any case within two weeks.
In the circumstances, writ petition is disposed of directing respondent No.3 to pass appropriate orders on petitioner’s request for release, referred to above, within a period of two weeks from the date of receipt of a copy of the order. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 3, 2014 Note:-
Furnish copy by tomorrow.
{B/o} LMV