Telangana High Court
Musani Mustufa v. The State of Telangana
WP/25334/2026
- Decision date
- 2026-08-05
- Text availability
- Full text
- Judges
- Surepalli Nanda
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
132521 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 25334 OF 2026 Between: Musani Mustufa, S/o. Nurmahmad Bhai, Age. 32 Years, Occ. Owner of Vehicle No. GJ 01 BV 3403, R/o. Khatkivad, Vallabhipur, Bhavnagar, Gujarat 364310. ...PETITIONER AND 1 The State of Telangana, represented by its Principal Secretary Consumer Affairs, Food and Civil Supplies, Secretariat Buildings, Hyderabad. 2 The Collector (CS), Rangareddy District, Kongarakalan, Rangareddy District. 3 The Station House Officer, Adibatla Police Station, Adibatla, Rangareddy Diskict. 4 The Deputy Tahsildar (CS), lbrahimpatnam Division, O/o. DCSO, Ranga Reddy District. ...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents authorities in seizing the vehicle i.e., GJ 01 BV 3403, by registering a F.l.R. No. 582 of 2026, daled 14-07 -2026 and not releasing the said vehicle in favour of the petitioner, even though the petitioner had not committed any irregularities or illegalities, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of lndia, the same maybe set aside. Consequently, direct the respondents authorities to release the vehicle i.e., GJ 01 BV 3403 in favour of the petitioner, which is seized by registering a F.l.R. No. 582 of 2026, daled 14-07-2026 l.A. NO: 1 OF 2026
Petition under Section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents authorities to release the vehicle i.e., GJ 01 BV 3403 in favour of the petitioner, which is seized by registering a F.l.R. No. sg2 of 2026, dated 14_07_2026 Counsel for the Petitioner: SRl. K VENUMADHAV Counsel for the Respondent Nos. 1,2&4; cp FOR CIVIL SUPPLIES Counsel for the Respondent Nos.3: Gp FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.25334 oF 2026 DATE: 05.08.2026 Between : Sri Musa ni Mustufa Petitioner And The State of Telangana, Rep. by Principal Secretary, Consumer Affairs, Food and Civil Supplies, T.S. Secretariat Buildings, Hyderabad and others Respondents ORDER counsel Heard Sri K.Venumadhav, learned appearing on behalf of the petitioner, the learned Assistant Government Pleader for Civil Supplies, appearing on behalf of the respondent Nos.1, 2 & 4 and the learned Assistant Government Pleader for Home, appearing on behalf of the respondent No.3. seekino2. The oetitioner aooroached the Court praYer as under: 2 SN,]
"..to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ cjeclaring the action of :he respondents authorities tn setzing the vehicle i.e., GJ 01 BV 3403 by registering a F.I.R No. 582 of 2026 daled 14.07.2026 and not releasing the sard veh cle: in favour of the petitioner, even though the petitioner had not committed any irregularities or illegalities is nothing but arb trary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India the same maybe set aside Consequently direct the respondents authorities to release the vehicle i e., GJ 01 BV 3403 in favour of the petitioner which is seized by registerlng a F.l.R No, 582 of 2026 dar:ed 14.01 .2026 and to pass,." 3 The case of the Detitioner in brief as Der the averments made in the affidavit filed bv the oetitioner ln suDDort of the Dresent writ Detataon is as under: The petitioner is the owner of Vehicle bearing Registration No. Gl 01 BV 3403, and had purchased the subject vehicle by availing Financial assistance from friends and family. The petitioner has been using the SUbject vehicle for transportation of goods on hire. On 74.07.2026, while the vehicle was transporting a consignment of rice, 3 S N,]
respondent No.3, along with police officials, intercepted and inspected the vehicle. Alleging that the rice appeared to be Public Distribution System (PDS) rice, the authorities seized both the rice and the vehicle. Thereafter, by registering F.I.R. No.582 of 2026 dated 14.07.2026, the vehicle was taken rnto custody and kept under the custody of respondent No.3. The continued detention of the vehicle has deprived the petitioner's livelihood. Aggrieved by the same, the petitioner had approached this Court by filing the present Writ Petition PERUSED THE RECORD: DISCUSSION AND CONCLUSION: 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is only seeking release of Vehicle bearing Registration No. Gl 01 BV 3403, which had been seized in connection with F.I.R, No.5B2 of 2026 dated 14.07.2026, under Section 318 (4) of BNS,2023 and Section 7 ol Essential Commodities Act, 1955. The learned counsel appearing on behalf oF the petitioner further contends that under similar circumstances, this Court 4 SN,J passed order in favour of petitioner thereunder in W.p. No.2405 of 2026 vide its order dated 28.01.2026 and therefore, the petitioner herein is entifled for simirar rerjef as extended to the petitioner in W.p. No.2405 of 2026, dated 28.01.2026
5. The learned Assistant Government pleader for Civil Supplies, appearing on behalf of the respondent Nos.l, 2 & 4 and the tearned Assistant Government Pleader for Home, appearing on behalf of the respondent No.3 do not dispute the said submission made by the learned counsel appearing on behalf of the petitioner. 6. Takinqrntoconsi erationthesubmissionof the learnedcounsel a ppea rin onb e alf ft e oetition er thatunderst iia r circumstances, his Cou di DOSed P No.240 of2 6 a 2 2 6 had a ed rd rs tn fav ur of he ner th re nd an d nsid tn th at or r he re n fl DEtitionrs alsodi osedof in ter s oft he order of u d d2 o 2 6 as ed in W.P.No.24O5 s N,l ot 2f)26. directinother sDondents to release the Vehicle bearino Reo stration No. GJ 01 BV 3403 to the he itioner rnishi ban ouarantee bv wav of fixed deposit for a sum of Rs.5O.OOO/- (RuoeesFiftv Thousand onlv) in favour of the resoondent No.2 and also upon the oetitioner furnishinq an undertakinq that the oetitioner will not alienate the subiect vehicle or alter its nature or create anv encumbrance on it. The release of the subiect vehicle shall be subiect to the outcome of the confiscation oroceedinqs under Section 6-A of the Essential Commodities Act, 1955. However, there chail he nrlrl rder ac frl ar)cts- Miscellaneous petitions, if any, pending in this Writ : Petition, shall stand closed. ' SD/- .C. SULEKHA DEVI ASSI ANT REGIS //TRUE COPYII TION OFFICER To,
1. The Principal Secretary Consumer Affairs, F and Civil Supplies, Secretariat Buildings, T.S, Hyderabad. 2. The Collector (CS), Rangareddy District, Kongarakalan, Rangareddy District. 3. The Station House Officer, Adibatla Police Station, Adibatla, Rangareddy District. 4. The Deputy Tahsildar (CS), lbrahimpatnam Division, O/o. DCSO, Ranga Reddy District. 5. One CC to SRl. K VENUMADHAV Advocate [OPUC] 6. Two CCs to GP FOR CIVIL SUPPLIES High Court for the State of Telangana, at Hyderabad [OUTI 'Cp 7. Two CCs to fOn HOME, High Court for the State of Telangana, at Hyderabad [OUT] 8. Two CD Copies BM rS l-d CC TODAY HIGH COURT DATED: 05/08/2026 a=-ai 1 r{E SI4 , F ( ) ^. lr n 1 A U b 2 c2 u oU 1 vzo .\-b * \j ,D fsP T il1, ORDER WP.No.25334 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,"='tRo[ \> ,\cr , df,ir