Bn:,n v. Quintars (210 50 Quintars
Case at a glance
Provisions considered
Key paragraphs
- Para 55. The Writ Petition is accordingly disposed of. No order as to costs. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/.P. CH. NAGABHUSHAMBA TANT REGISTRAR AS ECTION OFFICER To, 1 . The Principal Secretary, Consumer Affairs, Food and…
Judgment
Cause title
Petition under Article 226 0f the constitution of rndia praying that in the circumstances stated in *re..anioavit the High court mav be pleased to issue an order or oirection more-p"ni"rr"n, one in the nature of writ of mandamus or anv other aopropriate *rit J*[ri"gihi seizure of the stock of 211 .5 Quintars (210 50 Quintars .shown in r.r.n.i oi ra'w nice of the petitioner through panchanama and F.t.R. No..580 ot z6zi,;; ;S Arloor, Nizamabad District, dated 13112/2024, bv reoistering u "r." ;d"-r's".iion 7 of Essential commodities Act, and not releasino tf,e said-stock ,,* iiJ" l. f"vour of the petitioner, even though the petitioner -had "f not committeJ ,n, irr"sr, rr',,us or iregaiities, is nothing but arbitrary' i'egar, nu, and.void and viotaiive o?iiin"ipr"" of naturar justice and atso viorative of Articres 1q, .'tg ani it ;#;;;Jtiirtion of rndia. consequenry, direct the respondents to rerease tn" "o"ii'"or"rl* ,.i"u or 21 1 .5 Quintars (210.50 Quintats shown in F.t.R.) in r.a1o_u i oi ir,""rl"iiri" r"r,' seized through panchanama and F r'R No 5B0 0r zoiq' of p.s. nrmoor,-rrri.rrrtro District, dated 13t12/2024, l l l 7 IA NOi 10F 2025 Petition unde' section 151 cpc praying that in the circumstances stated in the affidavit fired in support of.the writ; ";ii;;: i'n"'ri, gr, court mav be preased to suspend the panchanama dated. rs^irioii',' i;e"reoy oirect the respondents to retease the stock of raw rice oj zJt.s OrriJrr,t)iiii.o euintats shown in F.t.R.) in p s Rrmoo]' r'rJ,,-,ij'J"oistrict dated '13t12t2024', in i,'i*,liir[t3 ::n323:'or Counsel for the petitioner: SRt. K VENUMADHAV Counsel for the Respondent Nos.1 to 3: Gp FOR CIVIL SUPPLIES Counsel for the Respondent No.4: Gp FOR HOME The Court made the following: ORDER i l THE HON'BLE SMT. JUSTICE T. MADHAVT DEVI WRIT PETITION No.2615 of 2025
ORDER:
This Writ Petition arises out of the proceedings dated 13.12.2024 wherein under the cover of panchanama, 21.1.5 quintals of rice of the petitioner has been seized and a case in Crime No.580 of 2024 on the file of Armoor Police Station, Nizamabad District, has been registered. The petitioner 1S seeking interim release of the stock of rice subject to confiscation proceedings under Section6-A of the Essential Commodities Act, 1955 issued by the authorities. 2 Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing on behalf of respondents No. I to 3 and learned Government Pleader for Home appearing on behalf of respondent No.4. Perused the material on record.
Learned counsel for the petitioner submitted that the petitioner-company is dealing with business of trading in food grains/pulses/oil seeds and as a part of 2 TMDJ wP_2616-2025 ,' the same, the petitioner was transporting2ll.5 quinta-ls of rice from Dharmabad to Gondia, Maharashtra State through proper bills. L,earned counsel for the petitioner further submitted that when the same was being transportecl to Maharashtra, the authorities intercepted said vehicles and seized the stock of rice' It is submitted that the subject rice under: transportation is not PDS rice and under a misconception that it is PDS rice, the same has been seized by the authorities'
Having regard to the fact that the rice which was under transportation was seized by the authorities and the proceedings under Section 6-,{ of the Essential Commodities Act, 1955 have already been initiated against the petitioner and the said proceedings are likely to take some time for conclusion and the rice is likely to get damaged because of such time lapse, this Court is inclined to grant interim custody of the rice which was seized by the authorities on terms. The respondents are directed to release the stock of rice which was seized by the authorities subject to the 3 TMO,J w?,2616 2025 condition of the petitioner furnishing immovable property security in Telangana equal to the value of the stock of rice, which has been seized by the authorities, to respondent No.2. The release of the stock of rice shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 which have been initiated against the pet itioner.
The Writ Petition is accordingly disposed of. No order as to costs. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/.P. CH. NAGABHUSHAMBA TANT REGISTRAR AS ECTION OFFICER To, 1 . The Principal Secretary, Consumer Affairs, Food and Civil Supplies, Secretariat Buildings, Hyderabad.
The Collector (CS), Nizamabad District, Nizamabad. 3. The Deputy Tahsildar (CS), Armoor Mandal, Armoor, Nizamabad District. 4. The Station House Officer, Armoor Police Station, Armoor, Nizamabad District.
5. One CC to SRl. K VENUMADHAV Advocate IOPUC] 6. Two CCs to GP FOR CIVIL SUPPLIES ,High Court for the State of Telangana. [OUT]
Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]
Two CD Copies KKS BS ,+ ?) i HIGH COURT DATED:0610212025 l ORDER WP.No.2616 of 2025 s SIAt-€ \ r' Js q ) J 27 ;itl 2025 * l6- s P IT c!. ) c) i DISPOSING OF THE WRIT PETITION WITHOUT COSTS d.. W
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.