✦ High Court of India · 12 Feb 2025

1. M/s. Sri Hanuman Seetha Ramanjaneya Modern Rice Mill v. The State of Telangana

Case Details High Court of India · 12 Feb 2025
Court
High Court of India
Decided
12 Feb 2025
Bench
Not available
Length
1,110 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated 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 [Vlandamus declaring the action of the respondents in seizing the Rejected Rice belonging to the 1't petitioner, that was being transported by the 2nd petitioner with a quantity of 28O Quintals in 560 Bags and Vehicle of the 2nd petitioner Goods Carrier (Truck) bearing Registration No. RJ 05 GB 4415 as highly illegal, arbitrary and in violation of principles of natural justice and consequently direct the respondents to release the seized Rejected Rice of 280 Quintals to the 1st petitioner and Goods carrier (Truck) bearing Registration No. RJ 05 GB 4415 to the 2nd petitioner, without reference to Crime No. 3312024. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High c6urt may be pteased to direct the respondents to release the seized Rejected Rice of 280 euintals to the 1st petitioner and Goods carrier (Truck) bearing Registration No. RJ 05 GB 4415 to the 2nd petitioner, without reference to crime No.33t2024, pending disposal of the writ petition. lA NO: 2 OF 2024 Between:

1. The State of Telangana. E."q OV its principal Secretary, (Civil Supplies) Department, Secretarial, Hyderabad

2. The Addl. collector (civil Suppries), Hanumakonda, Hanumakonda District. 3. The District Civil Supplies Officer, Hanumakonda, Hanumakonda 4. The Deputy Tahsildar, Hasanparthy, Hanumakonda 1 2 .l ... PETITIONERS/RESPONDENTS IVlis. sri Hanuman seetha Ramanjaneya Modern Rice Mi[. Reo. bv its Proprietor Narsaiah Kasubojura, s/o. Raliveer, aseo z5 yeJis,'niri-rioTtrii'" at H.No. 2-75, Eranthakunta virage, Jamhikunia [,tarroat,'xiiini"as],.biiiiiii pVan. SinOh, S/o.Babu Singh, aged 60 years, Occ. business, R/o. Goan !.aggla j.Posl Nagta Birkhu, ThZnga Grjnda, fensil tgtas, Nbgriairkhr, Aligarh, Uttar Pradesh. The Station House Officer, Elkathurthy police Station, Warangal at Hanumakonda. ...RESPONDENTS/PETITIONERS ...RESPONDENT/RESPONDENT Petition under section 1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High cou,t may be preased to vacate the interim orders granted in r.A.No.'112024 in wp.No .610rt2o24, dt:14.O3.2024 and dismiss the Wp the Writ petition. Counsel for the Petitioners: SRI SHARAT CHANDRA A Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.5: GP FOR HOME The Court made the following: OROER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 6107 0F 2024 ORDER: In this writ petition, the petitioners sought release of the seized stock of rice of 280 quintals in 560 bags and vehicle of the Petitioner No.2 bearing registration No.R.l 05 GB 4415 (Goods Carrier Truck).

2. This Court vide interim orders dated 14.03.2024 in I.A.No. 1 of 2024 had directed the respondents to release the seized stock of rice on condition that the petitioner No.1 furnishing immovable property security equivalent to value of the stock and also to release the vehicle i.e., Goods Carrier Truck bearing No. RJ 05 GB 4415 on condition that petitioner No.2 furnishing immovable property security for a sum of Rs.2S,OOO/- and also furnishing an undertaking that he will not alienate the .subject encumbrance over it. vehicle or alter its nature or create any

3. Learned Government Pleader submitted that the vehicle has been released on furnishing the said security. However, the seized stock has not been released and a stay vacate petition has been hled. ,

4. During the pendency of this writ petition, a person by name Jannu Anil Kumar, has filed W.P.No.25948 of 2024, seeking release of the seized stock of rice and it was noticed that both the petitioners in W.P.Nos.6107 of 2024 & 2594a of 2024 are seeking release of the same seized stock of rice. On verification of the copy of the FIR filed by the petitioner in W.P.No.25948 ol 2024, it is noticed that in the Panchanama as well as in the FIR, it is the name of the petitioner in W.P.No.25948 of 2024 i.e., Jannu Anil Kumar, which is mentioned As the owner of the PDS rice and there is no mention or even any reference to the name of the petitioner in W.P.No.61O7 of 2024. On the earlier occasions, it was submitted that the learned counsel for the petitioner in W.P.No.61O7 of 2024 is seeking withdrawal of the writ petition, but no such Ietter has been f-rled before this Court and there is no appe€rance of the counsel for the said petitioner also before this Court today.

5. In view of the same, this Court directs the respondents to cause an inquiry against the petiLioner in W.P.No.61O7 of 2024, as he appears to have made a wrong claim that he is the owner of the rice and thereafter, initiate and take criminal action against the petitioner therein in accordance 3 with law if he is lound to have made false statement before this Court and also for making wrong claim.

6. Accordingly, the writ petition is dismissed. There shall be no order as to costs. 7 Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/. K. AMMAJI ISTANT REGISTRAR AS SECTION OFFICER One CC to Sri Sharat Chandra A, Advocate [OP Two CCs to GP for Civil Supplies, High Court for the State of Telangana, at Hyderabad [OUT] Two CC to The GP for Home, High Court for the State of Telangana' at HyderabadlOUTl Two CD Copies To, 1 2 .) 4 TJ GJP 7tp HIGH COURT DATED:12 102t2025 ORDER WP.No.6107 of 2024 , irE Sf4 r4: ( 2 B ,i,'l 2025 t\."' (( ( z o 5' ./l ,/ DISMISSING THE WRIT PETITION WITHOUT COSTS I : I I i l I I

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