Ellendula Laxman @ Laxmi Narayana v. therefore the seizure of the rice effected by the S.l.of
Case Details
Petition underr 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 respondents to forthwith release seized 117 quintals (2:'i4 plastic bags (Each Bag 50 Kgs) of rice of the petitioner under cover of panchanama dated 13.02.2025 seized in Crime No. 50 Ot 2025, dated 13-02-2025 to the petitioner, since the said rice is not meant for Public Distribution through fair price shops. Counsel for the Petitioner: SRI SOMAVARAPU SAWANARAYANA Counsel for the Re,spondent No.1 to 5: GP FOR CIVIL SUPPLIES Counsel for the Re,spondent No.6: GP FOR HOME The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.6212 of 2025 ORDER: This Writ Petition arises out of the proceedings dated
13.02.2025 wherein under a cover of panchanama, 117 quintals of rice of the petitioner has been seized and a case in Crime No.50 of 2025 dated 13.02.2025 on the hle of Nalgonda II Town Police Station, Nalgonda District, has been registered. The petitioner is seeking interim release of the stock of rice subject to confiscation {' proceedingS under Section 6-,{ of the Essential Commodities Act, 1955 issued by the authoritres. 2 Heard leamed counsel for the petitioner and leamed Govemment Pleader for Civil Supplies appearing on behalf of respondents No.l to 5. Perused the material on record. 3 Learned counsel for the petitioner submitted that the petitioner is dealing with business of purchase, sale and milling of paddy and rice and as a part of the same, the petitioner kept the subject rice for sale in front of a mill after conversion from paddy. It is submitted that the rice is not PDS rice and under a misconception \ that it is PDS rice, the same has been seized by the authorities. -- -r' ..-l 2 wP 6212_202 ,.::*
4. Having regard to the fact that the rice which r.vas kept for sale was sr:ized by the authorities and the proceedings under Section 6-,4. o1- th,: Essential Commodities Act, 1955 have aiready been initiated ap;ainst the petitioner and the said proceedings a.re likely to take some time for conclusion and the rice is likely to gr:t 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 auth,:rities subject to the condition of the petitioner fumishing third party security equal to the value of the stock of rice. which has been seized by the authorities, to respondent No.2. Ihe release of the stock o1' rice shall be subject to the outcome of the confiscation proceedings under section 6-.4 of the Essential commodities Act, 1955 which have been initiated against the petitioner. The Writ Petition is accordingly disposed of. No order as to 5 costs. Miscellaneous applications, if any, pending in this wr.it petition, shall stand closed. l I l i SD/- T. CHANDRA SEKHAR REDDY REGISTR,AR AS S //TRUE COPY// To, ON OFFICER
1. The Principzrl Secretary, Consumer Affairs, Food and Civil Supplies Secretariat Buildings Hyderabad, State of Telangana.
2. The Collector (Civil Supplies), Nalgonda District, lntegrated Collectorate, At Nalgonda. - -".:.lt .rxx* . -_ --. &,' 1
3. The District Civil Supply Officer, Nalgonda District, lntegrated Collectorate, At Nalgonda.
4. The Assistant Civil Supply Officer, O/o District Civit Supply Office, Nalgonda District, lntegrated Collectorate, At Nalgonda. 5 The Deputy Tahasildar (CS), Nalgonda Divrsion, O/o DCSO Office, Integrated Collectorate, At Nalgonda.
6. The Station House Officer, P.S. Respondents Nalgonda ll Town, Nalgonda District.
7. One CC to SRI SOMAVARAPU SATYANARAYANA, Advocate [OPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Tetangana at Hyderabad [OUT]
9. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] ., .4.
10.Two CD Copies BSR K-- i{ HIGH COURT DATED: 18/A312025 \ \ 4'! ORDER WP.No.6212 o12025 CC TODAY F- S rAr.e 1 Y\ q d toilAnM t Cg3 t-iIJ, CH i:') DISPOSING IOF THE WRIT PETITION, WITHOUT COSTS ,d^ \\^ ).- (: ,:. , x