High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances slated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in seizing 88 quintals rice as well as 2 Mahindra Bolero Pickup vans bearing nos.TG-19-T-0155 and TG-24-T-1643 (Chasis No.MA1RE2TTKROG36742) belonging to 2nd and 3rd petitioners on O7 -02-2025 in connection with crime number vide FIR No.29 OF 2025 on the file of Jaipur P.S., without conducting any enquiry, as illegal, arbitrary, without jurisdiction, violative of principles of natural justice an,C in violation of articles 14, 19 and 2'1 of the constitution of lndia and consequently direct the 2nd respondent to release the 88 quintals rice in favor of 1st petitioner with a further directioi to the 6th respondent to release the vehicle bearing nos.TG-19-T-0155 in favor of 2nd petitioner and TG-24-T-1643 (Chasis No.MA1R.E2TTKR6G36742) in favor of 3rd petitioner. lA NO: 'f OF 2025 Petition un(Jer Section 151 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 6th respondent to release the vehicle bearing Nos.TG-19-T-0155 and TG-24-T-1643 (Chasis No.MA1 RE2TTKR6G36742) as weil as the 2nd respondent to release the rice of 88 quintals seized in connection with crime number vide FIR No.29 OF 2025 daled 07-02-2025 on the file of Jaipur p.S., pending disposal of the above writ petition. Counsel for the Petitioner: SRI P.LAKSHMA REDDY Counsel for the Respondent No.1 to 5: GP FOR CIVIL SUPPLIES Gounsel for the Respondent No.6: GP FOR HOME The Court made the following: ORDER THE HONOT]RABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.4789 OF 2025 ORDER: The Writ Petition arises out of the proceedings dt.07.02.2025, wherein under a cover of panchanama, Mahindra Bolero bearing No.TG 19 T 0155 of petitioner No.2, Mahindra Bolero bearing No.TG 24 T 1643 of petitioner No.3 have been seized along with 88 quintals of rice of petitioner No.l and a case in Crime No.29 of 2025 dated 07.2.2025 on the file of the Jaipur Police Station, Ramagundam, has been registered. The petitioners are seeking interim release of the stock of rice and also the vehicles subject to confiscation proceedings under Section 6-,.4. of the Essential Commodities Ac! 1955 issued by the authorities.

2. Learned counsel for the petitioners submits 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. It is submitted that petitioner No.l is doing rice business by purchasing rice from various licensed traders and also farmers and selling the same to rice dealers and it is not PDS rice. TMD,J W.P. No.4789 of 2025 2

3. Learned Govemment Pleader for Civil Suppties, appearing for respondents No.l to 5, has pointed out that though the notice under Section 6-8 oI'the Essential Commodities Act, I955 has been issued to the petitioners, the petitioners did not appear on the earlier date of hearing and the next date of hearing is 22.03.2025.

4. Having regard to the fact that the rice which was under transportation was seized by the authorities and the proceedings under Section 6-4 of'the Essential Commodities Act, 1955 have already been initiated against the petitioners and the said proceedings are likety to take some time for conclusion and the rice is likely to _eet damaged because of su,oh 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 rvhich was seized by the authorities subject to the condition of petitioner No.l fumishing third party secu.rity 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 ti-A of the Essential Commodities Act. 1955 which have been initiated against petitioner No.1. As regards release of the subject vehicles, the respondents are directed to release the vehicles i.e., ,// TMD,J W.P- No.4789 of 2025 3 Mahindra Bolero bearing No.TG 19 T 0155 and Mahindra Bolero bearing No.TG 24 T 1643 subjecr to petitioners No.2 and 3 fumishing bank guarantees each by way of fixed deposit for a sum of Rs.25,000/_ (Rupees Twenty Five Thousand only) in favour of respondent No.2 and also fumishing undertaking that they will not alienate the subject vehicles or alter its nature or create any encumbrance on it. The release of the vehicles shall be subject to the outcome of the confiscation proceedings under section 6-4 of the Essential commodities Act,. I955. The petitioners are further directed to appear and cooperate with the Department for early conclusion of the proceedings under Section 6_4. of the Essential Commodities Act, 1955.

5. This Writ Petition is accordingly disposed of. There shall be no order as to costs.

6. Pending miscellaneous petitions, if any, in the Writ petition shall stand closed //TRUE COPYII SD/. A.SRINIV AS REDD T REGISTRAR \ o, Department, Secretariat, Hyderabad, Staie Oi ibtangana. ECTION OFFTCER / 1 . The Principal Secretary, Consume_r Affairs, Food and Civil Supplies 2. The Collector (Civil Supplies), Mancherial District. 3. The District Civil Supply Officer, Mancherial District. 4. The Assistant Civil Supply Officer, Jaipur Circle, Mancherial District. i \

5. The Deputy Tahasildar (CS)' Jaipur' Mancherial District' 6. The Station House Officer' Jaipur P'S" Mancherial District' 7. One CC to SRI P LAKSHMA REDDY' Advocate IOPUC] I Two ccs to Gp FoR crvlL supplrEs, High court for the state of terangana -' I Two CCs to GF'] FOR HOME' High Court for the State of Telangana at at HYderabad [OUTI HYderabad [OUT] '10.Two CD CoPies BSR s HIGH COURT DATED: 1810312025 ORDER WP.No.4789 of 2025 I CC TODAY I I ( c { t\E)l a7 (. I riir 1i25 )(\ -j DISPOSING OF THE WRIT PETITION, WITHOUT COSTS