1. Mood Kiran Kumar v. 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 action of the Fifth Respondent in seizing Eicher Pro 1114 Bearing (DCM) Registered No. TS 05 UC 4141 together with '139.20 Quintals of rice on 27 .11 .2024 of the petitioners caught hold and conducted the panchanama by the Fifth Respondent seized under cover i , t 1l of panchanama datod 27.11.2024 on the ground that the First Petitioner purchasing PDS llicer from cardholders at low price and selling to the poultry forms and gaining huge profits transporting PDS Rice registered a case in crime No. 206 of 2024, clatec 27.11.2024 declaring that rice and paddy are not essential commodities as per the schedule correlating to Section 24 of the Essential Commodities Act, '1955 and consequently there cannot be any applicability of the provisions of the l\ct 1o the storage, movement and transportation of rice with the petitioner owner of the Rice and consequently the Telangana state Public Distribution systerr control order, 2016 is also inapplicable to the rice belonging to the first petitiorer and therefore the seizure of the rice and vehicle effected by the Fifth Respondent in seizing Eicher Pro 1114 Bearing (DCM) Registered No. TS 05 UC 4141 tcgether with 139.20 Quintals of rice under cover of panchanama dated 27.11.2024 registered a case in Crime No.206 of 2024,da\ed27.11 .2024 is illegal, arbitrary and without jurisdiction and consequently direct the respondents to fo"thn'ith release Eicher Pro 1 1 14 Bearing (DCM) Registered No. TS 05 UC 4141 together with 139.20 Quintals of rice of the petitioners under cover of panchan,ama daled 27.11.2024 seized in Crime No. 206 of 2024, daled 27 .11 .2024 to the petitioners, since the said rice and vehicle are not meant for Public Distribution through fair price shops. lA NO: 1 OF 2024 Petition under lsection '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 Eicher Pro 1114 Bearing (DCM) Registered No. lS 05 UC 4141 together with 139.20 Quintals of rice of the petitioners, under co'rer of panchanama dated 27.11.2024 seized in Crime No. 206 of 2024, daled 27.11.2024 lo the petitioners, since the said rice is not meant for Public Distribution through fair price shops. Counsel for the Petitioner : SRI SOMAVARAPU SAWANARAYANA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER -ia;i:r.'.::,nti*'i{W -,.a:.,:.v TIIE TIONOURABLE SMT. JUSTICE T. MADHAW DEVI WRIT PETITIONN0.36807 0B 2024 ORDER: The Writ Petition arises out of the proceedings dt.27.l l.ZO24, wherein under a cover of panchanama, the Eicher pro l l 14 (DCM) bearing No.TS 05 IJC 4l4l of petitioner No.2 has been seized along with 139.20 quintals of rice of petitioner No.l and a case in Crime No.206 of 2024 dated.27.11.2024 onthe file of the Kuknoorpally police Station, Siddipet District has been registered. The petitioners are seeking interim release of the stock of rice and also the vehicle subject to confiscation proceedings under Section 6-4 of the Essential Commodities Act, 1955 issued by the authorities.

2. Learned counsel for the petitioners submits that the subject rice under transporLation is not PDS rice and under a misconception that it is PDS rice, the same has been seized by the authorities. It is submitted that petitioner No.l is doing rice business in Khammam and he used to collect paddy from the surrounding villagers and after milling the same, he used to transport the same and it is not pDS rice. I 2 W.P. No..i6807 of 2024 :-.:ll:

3. Havin6r rt:gard to the fact that the rice which rvas under transportation wrrs seized by the authorities and the proceedings under Section6-.4lft:reEssentialCommoditiesAct,lg55havealreadybeen initiated against the petitioner and the said proceedings are iikely to take some time fc,r crlnclusion and the rice is likely to get damaged because of such time lapse, this Court is inclined to grant interim custody of the rice which v,as seized by the authorities on terms. The respondents are directed to r:lease the stock of rice which was seized by the authorities subjecttoth:cc,nditionofpetitionerNo.lfumishingthirdpartysecurity equal to the value of the stock of rice which has been seized by the authorities, 1.o respondent No.2. The release of the stock of rice shall be subject to the outcome of the confiscation proceedings undel Section 6- A of the E:;sential Commodities Act, 1955 which have been initiated against petitioner No.l. As regards release of the subject vehicle' the respondents arr: directed to release the vehicle, i'e', Eicher Pro 1114 (DCM) bea'ing No.TS 05 UC 4l4l subject to petitioner No'2 tumishing a bank guarantee by way of fixed deposit for a sum of Rs'25'000/- (Rupees twenlr five thousand only) in favour of respondent No'2 and also fi.q:nishing; an undertaking that he will not alienate the subject vehicle |. u.lt., its nature or create any encumbrance on it' The release of l I I i r 3 W.P. No.36607 of 2024 the vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-4 of the Essential Commodities Act, 1955.

4. This Writ Petition is accordingly disposed of. There shall be no order as to costs.

5. Pending miscellaneous petitions, if any, in the Writ petition shall stand closed I SD/-A.V.S. PRASAD ASSrsrANrrEGrsrRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary Consumer Affairs, Food and Civil Supplies Department, State of Telangana, Secretariat Buildings, Hyderabad. 2. The Collector (Civil Supplies), Siddipet District, lntegrated Collectorate, Siddipet. Siddipet.

3. The District Civil Supply Officer, Siddipet District, lntegrated Collectorate,

4. The Assistant Civil Supply Officer, Siddipet District. O/o District Civil Supply Office, lntegrated Collectorate, Siddipet.

5. The Deputy Tahasildar (CS), Kuknoor Mandal circle, O/o District Civil Supply Office, lntegrated Collectorate, Siddipet

6. The Station House Officer, Kuknoorpally Police Station, Siddipet District. 7. One CC to SRI SOMAVARAPU SATYANARAYANA, Advocate. [OPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana. [OUTI 9. Two CD Copies. BSK BS HIGH COURT DATED:0810112025 CC TODAY (uE irar{ 0il jrui il[25 ) C., { e o t- (.,) * ORDER WP.No.36807 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I /- t qf- 1.2 ) \r.-c