High Court · 2025

Petition under Article 226 ot 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 or direction more particularly one in the nature of writ ofmandam.usoranyotherappropriatewritdeclaringtheactiohoftherespondent No.3inSeizingthestockof2g6.40ouintalsofRicefromthepetitionerNo.land Vehicle bearing No. TS 18 T 8622 of the petitioner No 2 in F'l'R No 378 of 2O2S,ofPoliceStationNizamabadRural'NizamabadDistrict,andnotreleasing thesame,eventhoughthepetitionershadnotcommittedanyirregularitiesor illegalities,isnothingbutarbitrary,illegal'nullandvoidandviolativeofprincip|es ofnaturaljusticeandalsoviolativeofArticlesl4,lgand2loftheConstitutionof a lndia. Consequently, direct the respondents to release the Quintals of Rice of petitioner No. 1 and Vehicle bearing No petitioner No. 2, in their favour respectively. ;tock of rice 296.40 -S 18 T 8622 ot the lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Corr may be pleased to direct the respondents to release the said stock of rice 296. I ) euintals of Rice in favour of the petitioner No. 1 and the Vehicle bearing No. Trj 18 T 8622 in favour of the petitioner No. 2 respectively seized in F.l.R. No. :l'8 of 2025, of p.S. Nizamabad Rural, Nizamabad District, pending disposa of the above writ petition. Counsel for the Petitioner: SRI BHARGAVAKRISHNA.L Counsel for the Respondent No.1 & 2: GP FOR CtVtL SUpF't IES Counsel forthe Respondent No.3: GP FOR HOME The Court made the following: ORDER I IN THE HIGH COURT FOR TIIE STATE OF TELANGANA AT HYDERABAD TIIE I.ION'BLE SM't. JUSTICE T. MADHAVI DEVI WRIT PETITION No.39044 of 2025 Datc:24.12.2025 Between: Hari Krishna C and another ANI) The State ofTelangana, represented by its Principal Sccrctary to the Consumer Affairs, l'-ood and Civil Supplies, Secretariat Buildings, Hyderabad and two others. ... Petitioners . . Respondents ORDEIT This Writ Petition is filed secking thc lollowing reliet "...1o isstrc an order or directiott nore porticulorly one in the nature of writ of mondamu.s or any other oppropriatc' writ tleclartng the action o.[ the resyttdent No 3 in seizing the stock oJ'296.40 Quintals of-Rica.fiom thc petitioner No. I and Vehicle bearing No. 7'S I B T li(t22 of rha petitioner No. 2 in F.I.R. No. 378 oJ'2025, of Policc Starion Nizamabad Rural, Nizamabad Dislrict, antl not relcasing thc same, even though llrc petitioners hatl not cottttllitted att.v irregrlarities or illegalities, is nolhing but arbitrary', illesul, null ond void and t'iolative of principles o/ nanral justice ond also violative of Articles I4, l9 ond 2l ol rhc Cottstitution o/ India. \ 2 I'I\IDJ \vp ]9044 2025 j Conseqttcntly, dircct the respondents to releast te slock of rice 296.40 Quintals of Rice of petitioner No. Lt ,d L'clticlc bearing No. TS l8 T 8622 o/ tlte petitioner Nrt ) in tlteir favour rcs:peclivel.y, and to pass... " 2 Heard learned counsel for the petiti(,r crs, lcanred Government l)leader for Civit Supplies appearing 1.: ' respondents No. I & 2 and learned Government Pleader lor Honr,r rppearing for respondent No.3 and perused the entire rnatclial on n: oLd 3 Learncd counsel for the petitioncrs \L lnitted that Petitioner No.l is a trader of rice and is dealing rv t r busincss o[ purchase, salc and milling of paddy, rice and- bro cn rice both wholesale and retail. Leamed counsel lor the petit oners further subrnitLcd that petitioner No. I pulchascd "re.iectc( rice" flonr a tradcl in Nirrnal District and while transporting tlrr: said stock of rice to M/s. I)hanalaxmi Super Market, Nizamabacl. i r the purltose of Sortex, through a proper e-way bill in the vehic r of petitioncr No.2 bearing No.TS l8 T 8622, the authorities ir tct'ceprcd the vehicle and seized the stock of rice. lt is submitted rl at the subjcct rice under transportation is not PDS rice and under il r risconception that it is PDS rice, the same has been seized by rl c authorities J TMD] wp 190.14 2025 Learned counsel for the petitioners submitted that this Court, vide interim order dated 18.12.2025, directed interim relcase of the said vehicle on fumishing certain undcrtakings and subject to the outcome of the confiscation proceedings under Section 6-4 of the Essential Commodities Act, 1955, and seeks interim release of the seized stock ofrice as well as the vehicle bearing TS l8 T 8622.

4. Having regard to thc rival contcntions, it is noticed that vide interim order dated 18.12.2025, the vehiclc bearing No.l'S l8 T 8622 has been directed to bc rclcased subject to the conditions mentioned therein. As regards the rice which was seized by the authorities, it is noticed that the proccedings under Scction 6-,4 of the Essential Commodities Act, 1955 have already been initiated against the petitioner and the said proceedings are tikely to take some time for conclusion and the rice is likely to get damaged because of such time lapse. Therelbre, this Courl is inclined to grant interim custody of the rice which was seized by the authorities on terms. The respondents are directed to release the seized stock of 296.40 quintals of rice which was seized by the authorities subject to the condition of petitioner No. I lurnishing f\{Dl \r.p ]9044.1025 4 immovable propefty security equivalent to the value o thc stock of ricc, to responderrt No.2. The release of stock of icc shall be sub.ject to the outcome of the confiscation procc clings urrder Section 6-A of the Essential Commodities Act, 1955 which have been initiated against the petitioner.

5. With the above directions, this Writ Petiti,r r is disposed ot. 'fhere shall bc no ordet'as to costs.

6. Miscellaneous applications, if any, penclirrL in this Writ l'etition. shalI stand closed. //TRUE COPY// Sd/.VI.OSMAN ALI BAIG ASS;I ;TANT-FEGISTRAR i-f sEcr\--toN oFFlcER To, 'l.ThePrincipalsecretarytotheConsumerAffairs,FollandCivilSupplies' SecretariaI Buildings, Hyderabad, State of Telangana

2. The Collector (CS), Nizamabad District, lntegrated Disl ct Office Complexes, Nizamabad, Telangana.

3. The Station House Officer, Police Station Nizamak; d Rural' Nizamabad District 4 One CC to SRI BHARGAVAKRISHNA.L, Advocate [Of'l lC] 5. Two CCs to GP FOR CIVIL SUPPLIES, High Court for I re State of Telangana at Hyderabad [OUT] a

6. Two CCs to GP FOR HOME, High Court for the S :ate of Telangana at Hyderabad [OUT]

7. Two CD CoPies BSR v HIGH COURT DATED: 241122025 ORDER :::-..,- ar.* " '- i i: J I.-1 i.- ., '': WP.No.39044 of 2025 o 0 it', ).:;! Jil .. \- .. DISPOSING OF THE WRIT PETITION, T WITHOUT COSTS 1 6