Sai Kiran Cheerla v. The State of Telangana

Petition Under 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 forthwith release seized two Lorries Tata LpT Lorry Regd. No.AP 28 TD 1467 and Tata LPT Lorry Regd.No. AP 28 TA 7997 of the petitioner under cover of oanchanama dated 27 -O6-2025 mentioned in Crime No. 269 of 2025, daled 28-06-2025 to the petitioner, since the said rice is not. meant for Public Distribution through fair price shops. Counsel for the Petitioner : SRt SOMAVARAPU SAWANARAYANA Counsel for the Respondent Nos.1 to 5 : GP FOR CIVIL SUppLIES Counsel forthe Respondent No.6 : GP FOR HOME The Court made the following ORDER THE HON'BLE SMT. JUSTI E T. MADHAVI DEVI WRIT PETITION No. Oa26 of 2025 ORDER: The Writ Petition is filed s king a Writ of Mandamus declaring the action of the r spondents in seizing the petitioner's vehicles i.e., TATA LPT orries bearing Regd Nos.AP- 2B-TD-1467 and AP-28-TA-7997 o the ground of carrying PDS rice in connection with Crime N 269 of 2025 on the file of Gajwel Police Station, Siddipet Dis ict, as illegal and arbitrary. 2 Heard learned counsel the petitioner, learned Government Pleader for Civil Supplies appearing for respondents No.l to 5 and le ed Government Pleader for Home appearing for respondent o.6 and perused the entire material on record. .) Learned counsel for the etitioner submitted that in similar circumstances, this Co disposed of W.P.No.657 of 2024 on 09.01.2024 and directe the respondents therein to release the vehicle with some con tions and requested to pass similar order 2

4. Learned Government Pleader for Civil Supplies as well as the learned Government Pleader for Home has not disputed the submission made by the learned counsel for the petitioner. 5 In view of the above submissions, this Writ Petition is disposed of directing the respondents to release the petitioner's vehicles i.e, TATA LPT lorries bearing Regd Nos.AP-28-TD-I467 and AP-28-TA-7997 subject to the petitioner furnishing bank guarantee b1, way of fixed deposit for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each, in favour of respondent No.2 and also furnishing undertaking that he will not alienate the subject vehicles or alter the nature or create any encumbrance on them. The release of the vehicles shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act. 1955. There shall be no order as to costs

6. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. SD/-P. PADMANABHA REDDY DEPUTY REGISTRAR Note : That the cause title of the Respondents Nos.2 to 4 in the order dated 23'7 -2025 are amended and substituted as per the orders of Hon'ble Court dated 06-08'2025 in I.A.No.2 of 2025. This Amended order shall be substituted the earlier order, which has already been dispatched on 24-O7 -2025. //TRUE COPY// Sd/-P.PONNA KRISHNA TANT REGISTRAR ASSI \r, , I \Ecnou oFFlcER To

1. The Principal Secretary, Consumer Affairs, Food andtivil Supplies . Oeoartment Secretariii Buildings. State of Telangana at Hyderabad

2. The Collector (Civil Supplies), Siddip

3. The District Civil Supply Officer, Sidd Siddipet. Siddipet.

4. The Assistant Civil Supply Officer, Si 6 6 7 D p Utv Ta a S dat CS L, Jw a e o n eg J ta oti h dd p n H o U Se offi ce D S ct f Siddipet. T h Co Th Two CCs to GP FOR at Hyderabad. [OUT] a we P S U P (- S L (

8. Two CCs to GP FOR HOIUE, High District, lntegrated Collectorate at pet Diskict, lntegrated Collectorate at dipet District, lntegrated Collectorate at a nda o o D C So nteg ta d c (a ed ctorate a d pet P ice Station, Siddipet District L S d , High Court for the State of Telangana urt for the State of Telangana at ANARAYANA, Advocate [OPUC] Hyderabad. [OUTI

9. One CC to SRI SOMAVARAPU SA 10. Two CD Copies SA BS $ t C.C. TODA HIGH COURT DATED:2310712025 0610812025 ( r{ l- -: :-4 ;4: c3 ( o^l (\ 12 tUE 4:) _) .-r!,^ ' (- r-,O AMENDED ORDER WP.No.20826 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. @'Ap w I I t I