The High Court · 2025

writ Appear under crause 15 0f the Letters patent preferred Against the order Dated 0810912023 in W.p.No.249 48 of 2023on the file of the High Court. Between: 3,:Yg",lil'rgtjU,ii,HJi,,?ip",J8,li,!El3y;#',ft:,,l:iTr3l#8,,Si,.8,"., Agriculture, AND 1 2 t ...APPELLANT/PETITIONER Il3.','fi f i,1,,'slily,33t #s* lI, L',,iJl,[y fllrot"",T8lil consumer Arrairs' ".3:i'B:B'*,,1 3 i,Jl,,".,it g?;I * Rajanna Sircilla District, lntegrated I3fi [:fi""?,J:iff.f;;i:,:#fltjlr3[i,",Ji. Rajanna sircirra District, rnresrated '$#;#,:,,ali:::R::5i.,1,"5y1"f#,E,L"r"T:",",tJ[?:si3fl S:1d,.,?!1#,3,ii,.,r3#,1 ' ffi,,?"d#,y" I;llt,.ir,sI 6:ll,Ji:,.:?Bl,B?L,,lT,lflfi,L1i,f,Bi,o/o District civi, IA NO:3OF 2024 ...RESPONDENTS Petition under Section 151 CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the order dated 08.0g.2023 made in w.p.No.249 48 0f 20230n the fire of this Hon,ble Court, pending disposal of move writ appeal. I r i WRIT APPEAL NO: 355 OF 2024 writ Appeal under clause 15 of the Letters patent preferred against the order dated OBlOgl2023 in W.P. No. 24869 of 2023 on the fite of the High Court. Between: Gugulothu !9n{r, S/o Gogulothu .Lakshman, Aged about 50 years, Occ. Agriculture, Rl/o. D.No.2-55, wattipalli Village of Jagdeipur Mandal Meddk District. AND ...APPELLANT/PETTTIONER Food and Civil Suppiies Secretariit BuildingjHyoerabadl '1 . The State of Telangana, Rep. by its principal Secretary, Consumer Affairs, 2 \h? Collector (Civil Suppligq), Rajanna Sirciila District, tntegrated 3. The District civil Supply .qfficgr, Rajanna Sircilla District, lntegrated Collectorate, Sircilla town and District. Collectorate, Sircilla town ahd District. 4 q The Assistant District Civil Supply Officer, Thang Supply Office, Rajanna Sircilla District, lntegrated and District. The Dep-uty Tahasildar (Civil Supplies), Thangallapally, O/o District Civil Supply Office, lntegrated Collectorate, Siicilla Torin and District. allapally, O/o. District Civit Collectorate, Sircilla Town ...RESPONDENTS/RESPONDENTS lA NO: 3 OF 2024 Petition under Section '1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the order dated 08.09.2023 made in w.p.No.24869 of 2oz3 on the file of this Honorable Court, pending disposal of above writ appeal and to pass Counsel for the Appellant in both the Writ Appeals: SRI SOMAVARAPU SAWANARAYANA Counsel for the Respondents in both the Writ Appeals: SRI N. S. ARJUN KUMAR, GP FOR CIVIL SUPPLIES The Court made the following: COMMON JUDGMENT THE HON'B LE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON'BL E SRI JUSTI CE G.M .MOHII'DDIN Writ ADPeal Nos. 344 and,355 of 2024 COMMON JUDGMENT: Heard Mr. Somavarapu Satyanarayana, learned counsel for the appellarts. Also heard Mr. N.S.Arjun Kumar, learned Government pleader for Civil Supplies appearing for the respondents. '2. 440 quintals in gB0 bags of rice were serzed under cover of Panchanarna dated 12.04.2022, which was the subject matter of confiscation proceedings under Section 6-^4 of the Essential Commoclities Act, 1955 (hereinafter referred to as, the 1955 ActJ. That is the subject matter of W.P.No.24869 of 2023 from which W.A.No.355 of 2024 allses.

3. Sirnilarly, 450 quintals in 9OO bags of rice together with Lorry and Trolleys were seized under cover of Panchanama dated 16.04.2022, whjch is the subject rnatter of W.P.No.24948 of 2023 irom which W.A.lr{ o.344 of I I 2 1 2024 arises. Similar confiscation proceedings under Section 6-.4 of the 1955 Act were initiated bv the Collector (Civi1 Supplies), Rajanna-Siricilla District.

4. Since the commodity was perishable in nature, the same was sold in public auction under Section 6-4.(2)(ii) of the 1955 Act and the sale proceeds of Rs.7,O4,OO0/- were deposited in the Government account by Chaltan dated

06.09.2022. However, Section 6-,\ proceedings were pending, when the writ petitions were filed after a delay of about one year of the seizure.

5. Similarly, in the connected writ petition i.e. W.P.No.2494a of 2023, the seized rice was sold and the sale proceeds of Rs.7,20,000/- were deposited on \

06.09.2022 with the Government account. Proceedings under Section 6-1, of the 1955 Act were pending in the said case also I I

6. The writ petitions question the seizure of these commodities as illegal, improper and without any authority of law -1 7 Learned writ court disposed of the writ petitions filed by the appellants (hereinafter referred to as, .the writ petitionersJ directing the respondent_Collector (Civil Supplies), Rajanna_Siricilla District, to conclude Section 6_ A proceedings within four weeks arld the writ petitioners were given riberty to raise arl grounds incruding that rice is not a,-, essential commodity under the 1g55 Act and Control Orders made thereunder. Respondent No.2 was also directed to frame an issue on this point ald take a decision taking into account the judgment rendered in the case of Maimuna Begum v. State of Telangana represented by its Chief Secretary, Hyderabadr. Writ petitioners being aggrieved have preferred these two appeals. B. The main ground of challenge on beha_lf of the writ petitioners is that in view of the amendment introducing Section 2-A with effect from 12.O2.2OO7 read with the Schedule to the 1955 Act, rice and paddy not being ' zo ro 1s'1 el.r zso 1oe; t I { 4 i specified as an 'essential commodity', the seizure was illegal and without jurisdiction.

9. Learned writ court therefore erred in directing conclusion of Section 6-A proceedings instead of quashing the seizure itself

10. Learned counsel appearing for the respondents-State has brought to our notice the judgment rendered by the erstwhile High Court of Andhra Pradesh in the case of Elluru Chandra Obul Reddy v. Joint Collector, Kadapa, Kadapa District2, wherein the very question whether rice and paddy fell within the varieties prescribed in Schedules I and II of the Andhra Pradesh Rice Procurement (kry) Order, 1984 under the 1955 Act, was answered classifying them as 'essential commodities'. He has also referred to a decision rendered by a Coordinate Bench of this Court Gugulothu Pandu v. The State of Telangana represented by its Principal Secretary (W.A.No.451 of 2022 dated 2r.o7.20221. '? zooa 1e; nr-o + t r ion l i \ 7 5 1 l. It is submitted that this Court has relied upon the judgment rendered in Elluru Chandra Obul Reddy (supra) and conclusively answered the question whether rice and paddy fall within the dehnition of .essential commodities,. It is submitted that the said decision was carried in appeal to the Supreme Court. The Apex Court vide judgment dated 01.04.2024 passed in SLp (Civil) Diary No.979O of 2024 has dismissed the SLp in limine. The position in law is therefore well settled that rice ald paddy fall in the category of 'essential commodities,.

12. It is submitted that the learned writ Court therefore directed confiscation proceedings under Section 6_4, of the 1955 Act to be concluded with liberty to the writ petitioners to raise all grounds before the respondent No.2 _ Collector (Civil Supplies), Rajanna-siricilla District. Therefore, no interference may be made. 1 3. It is submitted that since confiscation proceedings have concluded after passing of the order by the wi.it court, the writ petitioners have alternative remedy under Section 6-C of the 1955 Act to prefer appeals. 6

14. We have considered the submissions of the learned counsel for the parties and taken note of the rereva.t material facts from the record. We have also gone through the provisions of the 1955 Act and the Schedules referred to by the learned counsei for the appellants and have also perused the decisions rendered in Ellugu Chandra Obul Reddy (supra) and Gugulothu pandu (supra).

15. The plea raised by the writ petitioners that rice and paddy do not fall u,ithin the definition of ,essential commodities' has been answered conclusively by the judgment rendered by the erstwhile High Court of Andhra Pradesh in the case of Ellugu Chandra Obul Reddy (supra) where the meaning of the expression .foodstuff, been expatiated at paragraph 2g. This decision has been followed by the learned Division Bench of this court in the case of Gugulothu pandu (supra).

16. Therefore, the plea that rice and paddy a_re not 'essentia-l commodities, is not tenable irt the e1,e of law. During the pendency of confiscation proceedings the seized rice was sold in public auction under section 6_A(2)(ii) of ,r 7 the l9S5 Act, as directed still pending. the sate proceeds they were perishable commodities, and were deposited, but the proceedings were The learned wrt t court therefore rightly respondent No.2 to conclude the proceedings that proceedings are concluded, to avail remedy of appea_l under t, if they are aggrieved thereby. within a time frame. Now it is up to the appellants Section 6-C of the 1955 Ac any ground t7. For the aforesaid reasons, we do not find to interfere with the lmpugned orders. 18. The instant appeals are accordingly disposed of There shall be no order as to costs. Miscellaneous applications Pending, i1 aly, shall stand closed. //TRUE COPY// SD/-A.PRATHIMA Ury REGISTRAR D 2 ( d District 'I . The princi paI Secretary, Consumer Affai rs, Food and Plies), Rajanna Sircilla District, ECTION OFFICER Telangana, Secretariat Buildings Hyderabad ivil Supplies, State of The Co ecto Civil Sup f Sircilla town an lntegrated Collectorate, The District Civii Supply Officer, R a;anna Sircilla Dishict, lntegrated Collectorate, Sircilla town and D The Assistant Diskict Civit SupPly officer, Thans allaplly, O/o. Diskict Civil Suppty Office, Rajanna Si rcilla District, Integrated Colle ctorate, Sircilla Town and D istrict The Deputy Tahasildar (Civit Suppties), Tha ngallapa y, O/o Di Office, lntegrated Collectorate, Sircilla Town an One CC to SRt SO[/AVARAP U SATYANARA YANA, Advocate loPUcl Two CCs to SRt N. S. ARJ State of Tela ngana. [OUT] Two CD Copres UN KUMAR, G P for Civil Supplie s, High Court for the strict Civil Supply d District istrict To, J.

4. b. 7. o. u- MP LS t I HIGH COURT DATED:0710812025 --;-::' ,'" 1 ,t*- ,','.:' S-l'A i{: ?o stP 1$6 ,+ * Dt \o. COMM 'ruD-GMerut WA.Nos.344 AND 355 of 2024 DISPOSING OF THE WRIT APPEALS WITHOUT COSTS q 7E