Telangana High Court
WP/37405/2021 of Mohammed Farooq Vs The State of Telangana on 31 December 2021
THE STATE OF TELANGANA (Special Original Jurisdiction) FRIDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 37405 OF 2021 Between: Counsel for the Petitioner: Smt. C SUNITHA KUMARI Counsel for the Respondent No.
HIGH COURT FOR THE STATE OF TELANGANA(Special Original Jurisdiction)
FRIDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION NO: 37405 OF 2021
Between:
lvlohammed Farooq, S/o. fi,4ohammed Tajoddin Aged about 35 years, Occ.District Business (Erstwhile Adilabad district)Rl/o 1-33, Power l-louse colony , Jainoor lr,4andal, Komuram BheemDistrict Business (Erstwhile Adilabad district)Rl/o 1-33, Power l-louse colony , Jainoor lr,4andal, Komuram Bheem
...PETITIONER
AND
"1. The State of Telangana, Rep. by its Principal Secretary, Consumer Affairs,Food and Civil Supplies, T.S Secretariat Buildings, Hyderabad.Food and Civil Supplies, T.S Secretariat Buildings, Hyderabad.
2. The Collector (CS), Warangal district, Warangal.
3. The Deputy Tahasildar (CS), Warangal, Warangal district.
4. The Assistant Civil Supply Officer, Warangal, Warangal District.
5. The Station House officer, P.S. lnthegar Gun.j, Warangal, Warangal district
...RESPONDENTS
Petition under Article 226 ol lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High court may be pleasedto issue an appropriate writ, order or direction more particularly one in the nature ofwRlr oF MANDAMUS declaring the action of the respondents 2 to 5 in serzing therice 700 bags (350) Quintals of the petitioner under cover of panchanama dated 22-06-2021 ( FIR Crime No. 19412021 dated 22-06-2021) is iilegat, improper withoutany power or authority under law and violation of Articles 19(1 )(g) of the constitutionof lndia and set aside the same.to issue an appropriate writ, order or direction more particularly one in the nature ofwRlr oF MANDAMUS declaring the action of the respondents 2 to 5 in serzing therice 700 bags (350) Quintals of the petitioner under cover of panchanama dated 22-06-2021 ( FIR Crime No. 19412021 dated 22-06-2021) is iilegat, improper withoutany power or authority under law and violation of Articles 19(1 )(g) of the constitutionof lndia and set aside the same.
lA NO: 1 OF 2021
Petition under section 151 cPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased to directthe respondents Nos. 2 to s to release the seized rice 700 bags 35b euintals of thepetitioner under cover of Panchanama dated 22-06-2021 ( FtR crime No. 1g412021dated 22-06-2021) to the petitioner pending disposal of the main writ petition.
Counsel for the Petitioner: Smt. C SUNITHA KUMARI
Counsel for the Respondent No. 1 to 4: Gp FOR CIVIL SUPPLIES
Counsel for the Respondent No.5: Gp FOR HOME
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.37 4OS of 2O2L
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ORDER:
Heard learned counsel for the petitioners and learnedGovernment Pleader for Civil Supplies appearing forrespondents 1 to 4 and the learned Government pleader forHome for respondent No.5.respondents 1 to 4 and the learned Government pleader forHome for respondent No.5.
2. Learned counsel for the petitioner submits that thisCourt in similar circumstances passed order dt. 17.09.2021 inWP.No.2261l of 2021. The same is not disputed by thelearned Government Pleader for Civil Supplies.
3. Both counsel agreed for disposal o, tn" ,.t, petition, interms of the order dt.17.O9.202i in Wp.No.226ll of 2021,with direction to conclude the proceedings under Section 6-Aof the Essential Commodities Act, 1955 (for short [,the ]Act,1 9 55') expeditiouslSr.
4. Therefore, the respondents are directed to finaJizeproceedings under Section 6-A of the Act, 1955 expeditiouslypreferably within a period of eight weeks from the date ofreceipt of copy of this order. However, pending finalization ofSection 6-,4. proceedings, as rice is a perishable item,respondents are directed to release the stock of rice belongingto the petitioner, subject to the petitioner furnishing fixeddeposit receipt to the extent of 50% of the value of stockquantificd by competent authority and personal bond for 5O%. [If ][the ][confiscation proceedings ][end ][in]remaining confiscation of [rice, ][it ][is ][open ][to the ][Collector ][to ][adjust ][the]amount in the fixed [deposit. ][If ][any additional amount ][is ][due]from the petitioner [after adjusting ][the ][alnount ][in ][the ][fixed]it is [open ][to the ][Collector ][to ][take ][steps ][to ][recover ][the]deposit, balance amount.
5. With the above direction, [the ][Writ ][Petition ][is ][disposed]of. No order as to [costs]
Consequently, [miscellaneous ][petitions ][pending, ][if ][arry,]sha-ll stand closed.
SD/.K.ONESIMASSISTANT REGISTRAR
//TRUE COPY//iySECTION OFFICER
To,
1. The Princip{ Secretary, Consumer Affairs, Food and Civil Supplies, State ofTelangana, T.S Secretariat Buildings, HyderabadTelangana, T.S Secretariat Buildings, Hyderabad2. The Collector (CS), Warangal district, Warangal.The Collector (CS), Warangal district, Warangal.
3. The Deputy Tahasildar (CS), Warangal, Warangal district.
4. The Assistant Civil Supply Officer, Warangal, Warangal District.
5. The Station House officer, P.S. lnthegar Gunj, Warangal, Warangal district ,
6. One CC to Smt. C SUNITHA KUMART Advocate tOpUCl
7. Two ccs to GP FoR crvrl supplrEs ,High court for the State of reranganalouTllouTl
B. Two CCs to GP FOR CIVTL HOME, High Court for the State of Telangana.lourllourl
9. Two CD copies.
10. One spare copy.
GB
swNu!
HIGH COURT
DATED:31 11212021
ORDERWP.No.37405 of 2021
DISPOSING [OF THE WP]WITHOUT COSTS.
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