High Court · 2025

Petition under Article 226 of lhe 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 Mandamus or any other appropriate writ declaring that rice and paddy are not essential commodities as per the schedule correlating to Section 2A of lhe Essential Commodities Act, 1955 and consequently there cannot be any applicability of the provisions of the Act to the storage, movement and transportation of rice and paddy with the petitioner business man and consequently the Telangana State Public Distribution System Control Order, 2016 is also inapplicable to the rice and paddy belonging to the petitioner and therefore the seizure of the rice and vehicle effected by the Fifth Respondent i.e., Deputy Tahasildar in seizing lory bearing No. RJ 05 GB 4415 together with 560 bags weighing 280 quintals of rice under cover of panchanama daled 17.02.2024 in case in Crime No. 33 of 2O24, daled 17.02.2024 is illegal, arbitrary and without jurisdiction and consequently direct the respondents to forthwith release the seizing rice 560 bags weighing 280 quintals of rice of the petilioner sezied under cover of panchanama daled 17.02.2024 in case in Crime No. 33 of 2O24, dated 17.O2.2O24 to the petitioner since the said rice/paddy is nor. meant for Public Distribution through fair price shops and grant such other relief as it deems fit in the circumstances of the case (Prayer amended as per C.O.Dt.1O.12.2024 in lA.No.212024) lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith release the seizing of 560 bags weighing 280 quintals of rice of the petitioner since the said rice/paddy is not meant for Publlc Distribution through fair price shops Counsel for the Petitioner: SRl. SOMAVARAPU SATYANARAYANA Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES Counsel for the Respondent NO.6: GP FOR HOME The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRI T PETITION No.25948 OF 2o24 ORDER: This Writ Petition arises out of the proceedings dated 17.O2.2O24 wherein under a cover of panchanama, 28O quintals of rice of the petitioner has been seized and a case in Crime No.33 of 2024 on the hle of Elkathurthy Police Station, Warangal, has been registered. The petitioner is seeking interim release of the stock of rice subject to confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 issued by the authorities. 2 Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing on behalf of respondents No. 1 to 5 and learned Government Pleader for Home appearing on behalf of respondent No.6. Perused the material on record 3 Learned counsel for the petitioner submitted that the petitioner is a trader dealing with business of purchasing, supplying and selling of pulses, paddy and 2 \ ---i rice. The learned counsel for the petitioner further submitted that when the same was being transported from his shop to Nagpur Kalamu Market by Lorry bearing No. RJ 05 GB 4415, the authorities intercepted the lorry and seized the stock of rice. It is submitted that the subject rice under transportation ir; not pDS rice and under a misconception that it is pDS rice, the same has been seized by the authorities.

4. Having regard to the fact that the rice rvhich was under transportation was seized by the authorities and the proceedings under Section 6-A of the Essentia_l Commodities Act, 1955 have already been initiated against the petitioner and the said proceerlings are likely to take some ,time for conchision and the rice is likely to get damaged because of such time lzrpse, this Court is inclined to grant interim custody o1' the rice which was seized by the authorities on terms. The respondents are therefore directed to release lhe stock of rice which was seized by the authorities subject to the condition of the petitioner furnishing inrmovable I) v 3 property security in Telangana 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 sha_ll be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 which have been initiated against the petitioner and also after verifuing the credentia-ls of the petitioner 1l

5. The Writ Petition is accordingly disposed of. No order as to costs 6 Miscellaneous applications, if any, pending 1n this writ petition, shall stand closed //TRUE COPY// SD/.N. SRIHARI TANT REGISTRAR S SECTION OFFICER To,

1. The Principal Secretary, Consumer Affairs, Food Secretariat Buildings Hyderabad. Civil Supplies

2. The Collector (Civil Supplies), Hanumakonda District, lntegrated Collectorate, At Hanumakonda.

3. The District Civil Supply Officer, Hanumakonda District, lntegrated Collectorate, At Hanumakonda.

4. The Assistant Civil Supply Officer, O/o District Civil Supply Office, Hanumakonda District, lntegrated Collectorate, At Hanumakonda. 5. The Deputy Tahasildar (CS), Hasanparthi Mandal, 0/o DCSO Office, lntegrated Collectorate, At Hanumakonda.

6. The Station House Officer, Elkaturthi Police Station, Hanumakonda District 7. One CC to SRl. SOMAVARAPU_SATYANARAYANA Advocate [OPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES ,High Court for the State of Telangana. [OUT] q Two CCs to GP for Home' High Court for the State of Telangana at Hyderabad lOUTl

10.Two CD CoPies cw( /I HIGH COURT DATE D: 1 210212025 \ \ ORDER WP.No.25948 of 2024 k eJ o L, 1HE S rAr e o^ t( c .t +t 0 2 luir 2025 * D6 t gO 1l' \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS