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2020 DIGILAW 783 (TS)

Kiran Kumar Mittapalli v. State Of Telangana

2020-11-17

P.NAVEEN RAO

body2020
JUDGMENT P.Naveen Rao, J. - Heard learned counsel for petitioner and learned Government Pleader for Prohibition and Excise. 2. This writ petition is filed challenging the proceedings of Deputy Commissioner of Prohibition and Excise, Khammam Region, dated 15.07.2020, whereunder, Maruti Suzuki Brezza ZDi four wheeler bearing No.TS 04 EL 2349 was confiscated. 3. Though petitioner has remedy of appeal under Section 13 of the Telangana Prohibition Act, 1995, against the order of confiscation, this writ petition is filed contending that petitioner was not served with notice before the order of confiscation was passed. 4. Having regard to the said submission, learned Government Pleader was directed to obtain instructions as to whether, the notice dated 27.05.2020 was served on the petitioner. 5. Learned Government Pleader produced photocopy of the notice dated 27.05.2020 containing the signature of petitioner with date of receipt of notice as 27.05.2020. 6. Since petitioner was served with notice before passing final orders in confiscation proceedings, the contention of learned counsel for petitioner that petitioner was not served with notice is not correct. Since petitioner has remedy of appeal, the Court is not inclined to entertain the writ petition. 7. Accordingly, the Writ Petition is disposed of granting liberty to the petitioner to avail the remedy of appeal. 8. At this stage, learned counsel for the petitioner submits that pending confiscation proceedings, interim custody of vehicle was granted and till the appeal proceedings are finalized, the custody of vehicle shall not be disturbed. 9. Subject to petitioner preferring appeal within two weeks from today, till the appeal is disposed of, the custody of vehicle shall remain with the petitioner, subject to compliance of all the conditions imposed at the time of granting interim custody. The appeal shall be disposed of within six weeks from the date of receipt of copy of appeal. Pending miscellaneous petitions, if any, shall stand closed.