Telangana High Court
Mr. Dharavath Laxman vs The State Of Telangana on 20 July, 2022
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.30025 of 2022
ORDER:
This Writ Petition is filed seeking Writ of Certirori declaring the impugned proceedings bearing Bi/54/2022, dt.05.07.2022, as illegal, and to set aside the same.
2. Heard counsel for the petitioner, learned Government Pleader appearing for respondents and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. The impugned proceeding in the Writ Petition, is a show cause notice issued under Section 122(1)(b) of Cr.P.C. to which the petitioner can file his objections before the authority denying and disputing as to his liability for the amount of bond as being demanded and for the purpose specified therein by the authority by giving his own reasons.
4. Though the learned Counsel for the petitioner has sought to rely on similar orders passed by this Court in W.P. No.15218 of 2021 and W.P. No.7869 of 2016, it is to be seen that in those Writ Petitions, challenge was made to the orders passed by the authorities concerned invoking the surety bond executed, without putting the petitioner on notice. However, in the facts and circumstances of the present case, the petitioner has been issued 2 with the notice calling upon him to file objections to the proposed action, and, thus the ratio laid down in the said orders would not apply to the facts of the case.
5. Having regard to the above and, since the impugned proceeding is only a show-cause notice, this Court is of the view that the petitioner is to be relegated to the 3rd respondent to file his objections to the impugned proceeding i.e., show cause notice dated 05.07.2022. However, considering the fact that the date specified in the show cause notice had already expired, this Court is of the view that the petitioner can be granted two weeks time from the date of receipt of order copy to file his objections to the said show cause notice and upon the petitioner filing his objections, the respondents shall pass orders thereon by duly affording an opportunity of personal hearing to the petitioner; and then a reasoned order shall be passed by the 3rd respondent in accordance with law and communicate the same to the petitioner.
6. Subject to the above direction, the Writ Petition is disposed of. No order as to costs.
7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_____________________ T. VINOD KUMAR, J 20th July, 2022.
gra 3 THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.30025 of 2022 20th July, 2022 gra