Vadaviya Asharaf lsmail v. 1. The State of Telangana

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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondent authorities in seizing and continuing to detain the petitioners vehicle bearing Registration No. GJ-36-V-8886, which was intercepted on 14-10-2025 by the officials of the Civil Supplies Enforcement Cell, Medchal, and shown as involved in Crime No. 93712025 for the alleged offences under Section 7 of the Essential Commodities Act, 1955 and Section 318(a) of the Bharatiya Nyaya Sanh lir, 2023, despite there being no prima far:ie material to connect the said vehicle v/ th any contravention of the Telangana f)ublic Distribution System (Control) Order, 2016. The continued detention of the petitioners vehicle without lawful jus if cation, and without affording any opplrtunity to the petitioner to establish h s bona-fide ownership and lack of knovrledge as contemplated under Sectio - :r 64 and 6B of the Essential Commoclities Act, 1955, is illegal, arbitrary, viola ir,e of tire principles of natural justice and contrary to the Telangana Public Distrrl;Lriion System (Control) Order, 2016. Consequently to direct the respondent . rr:horties, particularly respondents. No. 5 and 6 to release the petitioners v€h c,>. No. GJ-36-V-8886 which was seized by the Sth respondent and the same rr n the custody of 6th respondent since 14-1 0-2025 by considering the petitionr,r ,; vehicle registration certificate, drivers driving license, e-waybill. No. 1222 38.1;' 3075 dated- 14-10- 2025 and Bill of Supply, Dated- 14-10-2025. LA.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the cir ;umstances stated in the affidavit filed in support of the petition, the High Cor rl may be pleased to direct the respondont authorities, particularly respondents rl;. 5 and 6 to release the petitioners vehicle. No. GJ-36-V-8886 which was seizeC by the 5th respondent and thr: same is in the custody of 6th responden since 14-10-2025 by considering the petitioners vehicle registration certificate, ti-ivers driving license, e-waybill. No. 1221'.3847 3075, dated- 14-10-2025 and Bill ,:f Supply, Dated- 14- 10-2025 in the inte'est of justice, pending disposal of the wrii petitio.l. Counsel for the Petitioner : SRI CHALAKANI VENKAT YA[)/\V Counsel for the Respondent Nos.1, 2,4 & 5: GP FOR ClVlL. SUPPLIES Counsel for the Respondent No.3 : SRI K.DEVENDER, SC FOR C|VIL SUPPLIES CORPORATION Counsel forthe Respondent No.6: GP FOR HOME The Court made the following ORDER I ! I I E f Ei f i : : ; l '>q;z -a a ORDER: THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.32917 OF 2025 This Writ Petition is filed declarir-rg the ir-raction of the respondent authorities in serzing the petitioner's vehicle i.e GJ-36-V-8886, by registering a F.l.R. No.937 of 2025, dated

74.1O.2025, as arbitrar), and uncon stitutior-ral

2. Heard Mr. C.Venkat Yadar,, learned cournsel for the petitioner, Iearned Government Pleader for Cn,il Supplie s appearing for respondent Nos.1, 2, 4 and 5, learned Government Plcader for I{omc appearing for respondent No.6 and Mr. K. Devender, learned Standing Counsel for Civil Supplies Corporation appearing for respondent No.3 . Perused the record

3. Learned counsel for the petitioner submits that the petitioner IS only seeking release of the vehicle bearing No. GJ 36-V-8886 subject to the outcome of the proceedings initiated against him under Section 6-,{ and 6-ts of the Essential Commoclities Act. He also submitted that in similar matter i.e., W.P.No.311 1O of 2025, dated

14.1O.2O25, this Court had directed the respondents to release the vehicle subject to certain conditions. A copy o[ the same is hled along \ with this Writ Petition. I I 2

4. Learnerl Government Pleader for Civil li upplir:s as rvell as learned Gcvernment Pleader for Home hr; not disputed the submissior macle by the learned counsel for tlri Petil iorrt-r

5. ln vie il' o[ thc above submissions, this u r' petition is disposccl of dirccting rcsponclents to release thc vehiclr' ,('aring No. GJ 36 V 8886 subjt'ct 1o the petitioner furnishir.rg t\\ o ocal sureties along u.ith barrk [!uarantee by way of fixed deposit for r sum ol'Its.50,000/ (Rupecs Filtv Thousand only) in favour of r-l;l'ron clcr.r t No.2 Thc District Cclle<:t<>r (CS), Medchal-Makajgiri I)istrit 1, and also furnishing r-urclcrtaking that he n,ill not alienatr' t lre srrlr.lc<'t vehicle or' altcr its nalur'(' or create any cncumbrance olr il rnc also co-opcrzrt(' q,ith the officcrs for finalization. If the petition(.r' does; r-rot turn ul) continuous.y for two hearings, then the responrLr,nts arc at liberty to take sl()ps to seize the vehicle. The release o1 :he vchiclc sl-rall be subjccl. to t rc oLrtcome of the conhscation procr' 'r Iings urr<lcr Section 6 A and 6 El of the Essential Commodities Act. I (, 15.

6. A<:corrlingly, this petition is disposed of. l'l ,'re sh:Lll lrr: no order as to costs. Miscellaneous applications, if an.1 . 1'enchrrg in this r.r'rit petition, shall stand closed. //TRUE COPY// Sd/-A. SREENIVASA REDDY ASI;ISTANT REGISTRAR secrror,rkrrcen Secretariat, State of Telangana at Hyderabad. 'I . The Principal Secretary, Civil Supplies and Consumer lr'airs Department, 2. The District Collecto(CS), Medchal Malkajgiri District. 3. The District [\4anager, Civil Supplies Corporation Limitc,l lvledchal Malkajgiri 4. The District C;ivil Supplies Officer, Medchal Malkajgiri D s;:rict. District. To .t :.=.1,8!.

5. The Deputy Tahsildhar(CS), Medchal- Ivlalkajgiri District. 6 The Station House Officer, Medchal Police Station, Medchal- Malkajgiri District. at Hyderabad. [OUT] Hyderabad. [OUT]

7. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Tetangana

8. Two CCs to GP FOR HOME, High Court for the State of Telangana at

9. One CC to SRI CHALAKANI VENKAT YADAV, Advocate IOPUC] 10.One CC to SRI K.DEVENDER, SC FOR CIVIL SUPPLTES CORPORATTON, Advocate (OPUC) '1 1.Two CD Copies SA G C.C. TODAY I - .'._ a --.-:.--- ( \l Ai ;: L.. I.. !-',r / ll0tJ 206 i:l I .,l " -.t\,;'/ , - - t, ,"';' 5,.,. . a,.-,.i\)4' '---::'_t 1::;- _ HIGH COURT DATED:0611112025 .4.: /.t.1i

11...' lr -, rl .r:. \',,2..\..,,. '..\. " t\ ORDER WP.No.32917 ol 2025 DISPOSING OF THE W.P ITHOUT COSTS. 1 l i I I I i I I I i i I I I l