✦ High Court of India · 17 Nov 2025

'1 . Mis Balaji Traders, Prop. Jamedar Vaijinath v. The State of Telangana

Case Details High Court of India · 17 Nov 2025
Court
High Court of India
Decided
17 Nov 2025
Bench
Not available
Length
1,034 words

Petition undei 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 order, direction or Writ more particularl,y-. one in the nature of Writ of Certiorari to call for the records of impugned orders dated. 0111112025 in proceedings E.C.Act case No.CSA/ 31512015 on the file of 2nd respondent which was initiated under section 64 of Essential commodities Act,1995 in connection with Crime no.50B of 2025, dated. 07 t1Ol2O25 of 4th respondent as arbitrary, illegal, without jurisdiction and in contravention of section '16(i) of Telangana Public Distribution (control order),2016 and the provisions of Essential Commodities Act, l955 without affording opportunity to the 1St petitioner herein and without considering the orders passed by this Honourable court in W.P.32023 of 2025' daI.ed.24t1Ol2025 and Set aside the impugned orderl; cated, 0111112025 passed in csA no.315 of 2015 by the 2nd respondent arrd direct the 2nd respondent not to implement the impugned orders pending rlisposal of the Writ petition lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circ rrnstances stated in theaffidavitfiledinSupportofthepetition,theHighCourtnlaybepleasedto orderforsuspensionofimpugnedordersdated.olllll202ljpassedinCSA no_315 /2015 on the file of 2nd Respondent initiated in cortnection with crime no.50B of 2025. daled. 07t1ot2o25 of P.s. Kollur U/s 318(a) BNS and section 7 of Essentiat Commodities Act pending disposal of Writ petition, IA NO: 2 OF 2025 Petition under section 151 CPC praying that in the circutnstances stated in the affidavit filed in support of the petition' the High Court nray be pleased to direct the 2nd respondent to consider the orders of this l-lon'ble court dated. 2411012025 passed in w.P.No.32023 infavour of 2nd petitioler for release of seized lorry bearing no. KA56 7080 by accepting the lank Guarantee of Rs.'1 ,00,0001 infavour of the 2nd respondent pending disposal )f Writ petition Counsel for the Petitioners : SRI DASI RAMESH s Counsel for the Respondent Nos. 1 to 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No. 4 : GP FOR HOME The Court made the following: ORDER THE HON'BLE SMT. JTISTICE T. MADHAVI DF],VI WRIT PETITIoN No.34372 of2O25 ORDER: This Writ Petition is ll ted challenging the order dared 01 .11.2025 passed in E.C.Act Case No.CtSA 131512025 by respondent No.2 as illegal, arbitrary, in contravention of Telangana public Distribution (control) order, 20r6 and in violation of principles of natural j ustice.

2. Learned counsel fbr the petirioners submitted that the respondents have seized the rice of peritioner No. I on the ground that it is PDS rice. Leamed counsel rbr the petitioners further submitted that the driver and the owner of the vehicle rvcre made as parties to the proceedings under Section 6-,4 of the F.ssential Comn2odities Act, 1955 and on coming to know about the same, petitioner No. 1 filed an implead petition on 28. t0.2025. Howe'er, by rreating the submissions made in the implead petition as contenrions of petitiqner No. 1, the respondent passed the final order under section 6-4 of the Essential Comrnodities Act, 1955 on 01.11.2025, confiscating 100% of the seized rice. The grievance of the petitioncrs is that the impugned 2 i.\ np l.ll72 10.- order was passed without giving any opporlunity ol hearing to thetn. Therefore, this Writ Petition has been filed.

3. Leamed counsel for the petitioners furlher slr rrnitted that in a similar rnatter, where the petitioner had filed an rnrplead petition, respondent No.2 has considered the contentions ol the petitioner therein and passed an order. He is seeking similar rel ief in this case as u,e ll . 4 Learned Government Pleader for Civit Suoplies. howe'n,er, submitted thal the contentions of the petitioners have been considered while passing the impugned order and therefbre, there' is no casc fbr intert'erence

5. Having regard to the rival contentions ancl the rlaterial on record, this Court linds that respondent No.2 passed the impugned D order merely by considering the contentions raised b. petitioner tr-o. I in thc implead petition and without giving any oppor'.unity of hearing or supplying all the relevant documents to petitioner \o.1. In vier,r, thereol, the impugned order dated 01.11.2025 passed in E.C.Act C--ase No.CSA/3 15/2025 by respondent No.2 is set aside. Flespondent No.? is at liber-ty to supply all the relevant documents to tlre petitioner and 3 TMDJ wp i4i72 202-j af-tord a fair opportunity of hearing and therealter pass appropriate orders 6 With the above directions, this Writ petition is disposed of. There shall be no order as to costs 7 Miscellaneous applications, if any, pending in this Writ Pet ition. shall stand closed S /.P. PONNA KRISHNA ISTANT REGISTRAR A //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Consumer Affairs Food and Civil Supplies, T.S. seireiJriai auitdings, fhe state of relangana, Hyderabad. 2 The District Collector, (Civil Supplies) Sangareddy District' 3' The Deputy Tahasidlar (CS), R.C Puram, o/o District Civil Supplies officer, SangareddY. ,

4.TheStationHouseOfficer,KollurPolicestation,CyberabadCommissionerate 5 One CC to SRl. DASI RAMESH, Advocate [OPUC] 6. Two CCs to GP FOR CIVIL SUPPLIES ,High Court for the State of Telangana. [OUT] T.TwoCCstoGPFoRHOME'HighCourtfortheState-ofTelangana.[oUT]

8. Two CD CoPies PVL BS W HIGH COURT DATED:1711112025 ORDER WP.No.34372 ot 2025 e IHE SI4 I..\ o .+ c,J 2 a 6( 6 l{0l, mri )1TcHEo * {+ .1)e^ \') \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ 16

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments