Telangana High Court
WP/24378/2020 of Gandham Shankar Vs The State of Telangana on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITIO NNo.24378 0F 2020 AND 1 Between: Gandham Shankar, S/o. Gandham Somaiah, Age: 55 Jears, Occ:.
HIGH COURT FOR THE STATE OF TELANGANA [AT ][HYDERABAD](Special Original Jurisdiction)
WEDNESDAY, THE THIRTIETH [DAY ][OF ][DECEIVBER]TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE [A.RAJASHEKER ][REDDY]
WRIT PETITIO NNo.24378 0F 2020
Between:
Gandham Shankar, S/o. [Gandham ][Somaiah, ][Age: ][55 ]Jears, [Occ:. ][Oruner ][of the ][Auto]ni.fini* bearing No.TS-'19-T-1S33, [R/o.H,Nq3-2.1 ], [Tekulapalli ][Village, ][Bellampally]Mandal, Adilabad-District, [Presently Mancherial ][District ]...'ET.TIONER
AND
1The State of Telangana, [Rep. by its ][Prhcipal ][Secretary, Consumer ][Affairs, ][Food]Civil Suoolies Deoa-rtment. Secretariat [Buildings, ][Hyderabad.]2tne Disiiict Collector [(Civil ]Supplies), [Mancherial, ][I\/ancherial ][District.]
The Assistant Civil Supplies [[Officer, ]][[Ma ][ncherial, ][ltilancherial ]][[ncherial, ][ltilancherial ]][[ltilancherial ]][[District.]][[-S1;iion ]]
3The Assistant Civil Supplies [[Officer, ]][[Ma ][ncherial, ][ltilancherial ]][[ncherial, ][ltilancherial ]][[ltilancherial ]][[District.]]4TE [[-S1;iion ]]Housd' officer, [Kannepalli ][Police Station, ][Ramagundam]Co mmissionerate, lvlancherial District.
...RES'ONDENTS
petition under Article 226 of lhe constitution of lndia praying that in thecircumstances stated [in ][the ][affidavit ][filed ][therewith, ][the ][High Court may ][be ][pleased]to issue an appropriate [order ][or ][direction ][more ][particularly ][a ][writ ][of ][Mandamus]declaring the action [of the ][respondents ][in ][not ][releasing ][the ][petitioner vehicle ][ie]Auto Rickshaw, bearing [No.TS-19-T-1 533, ][which was seized ][by ][the ][4th ][respondent ][in]crime No. 118 of 2020, [Vide ][panchanama ][dated 07.12.2020, though the petitioner ][is]not at all concerned [with ][the ][PDS rice allegedly transporting ][in the car as ][illegal,]arbitrary, abuse [of ][process ][of ][law and violation ][of ][principles ][of ][natural ][justice ][and]direct [the ][respondents ][to ][forthwith ][release ][the ][petitioner ][vehicle i'e']consequently Auto Rickshaw, bearing [No.TS-19-T-1 533, ][which was seized ][by ][the ][4th ][respondent ][in]Crime No. 118 of [2020, ][Vide ][panchanama ][dated ][07.12,2020, ][in the ][interest of]justice.
lA NO: 1 OF 2020
Petition under Section [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 ][the ][petitioner ][vehicle ][i.e. Auto ][Rickshaw,]bearing No.TS-1g-T-1 [533, ][which was seized ][by ][the ][4th ][respondent ][in ][Crime No. ][1 ][18]ot 2020, Vide [panchanama ][dated ][07.12.2020' ][in the ][interest ][of].lustice [pend ][ing]disposal of the above [writ ][petition.]
Counsel for the Petitioner: [SRI ][LAXMALLA ][SANDEEP]
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 SRI JUSTICE A.RAJASHEKER REDDY
Writ Petition No.24378 o12020
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ORDER:
Heard leamed counsel for the petitioner and learnedGovernment Pleader for Civil Supplies Department.
2. The petitioner is the owner olAuto Rickshaw bearing No.TSl9 T 1533 and he purchased the same under hypothecation agreementwith Bajaj Finance Company Limited. While so, on the allegationthat 5 quintals of PDS rice was being illegally transporled by thepetitioner in the vehicle in question, the stocks and the vehicleinvolved therein were seized by the 4'h respondent on 07.12.2020 anda case in Crime No.1 18 of 2020 was registered under Section 420 readwith 34 IPC and Section 7 of the Essential Commodities Act againstthe petitioner.
3. Having considered the respective submissions made by thelearned counsel.inasmuch as enquiry under Section 6-A ol theEssential Comrnodities Act and the criminal prosecution befbre thecriminal Court is yet to commence, pending enquiry ol theproceedings, the petitioner hiring the subject vehicle fbr transportationof goods and in the light of the submission of the learned counsel tbrthe petitioner that there is no specification about the PDS comrroditieseither in the Essential Commodities Act or in the Control Orders, nonecan identify whether it is PDS rice or not and there is no restriction ofmovement of paddy and rice and the vehicle was used for transportation of the rice bags, the 4tr' respondent- Station HouseOfficer, Knnepalli P.S, Ramagundam Commissionerate, MancherialDistrict, shall release the subject vehicle on condition the petitionerfurnishing a Personal Bond for Rs. 10,000/- (Rupees ten thousandonly) or third party security to the value ofthe vehicle and also on hisfumishing an undertaking that he will not alienate or change thephysical features of the vehicle. The 4th respondent shall also write tothe RTA authority not to transfer the vehicle in question on any thirdOfficer, Knnepalli P.S, Ramagundam Commissionerate, MancherialDistrict, shall release the subject vehicle on condition the petitionerfurnishing a Personal Bond for Rs. 10,000/- (Rupees ten thousandonly) or third party security to the value ofthe vehicle and also on hisfumishing an undertaking that he will not alienate or change thephysical features of the vehicle. The 4th respondent shall also write tothe RTA authority not to transfer the vehicle in question on any thirdparties name without clearance tiom the Civil Supplies Department.The release of vehicle is in view of the situation existing on account ofCOVID-19. The release ol the seized stock and vehicle shall besubject to outcorne ol the proceedings under Section 7 of the EssentialComrnodities Act.COVID-19. The release ol the seized stock and vehicle shall besubject to outcorne ol the proceedings under Section 7 of the EssentialComrnodities Act.
4. Subject to the above, the writ petition is disposed of. Nocosts. Miscellaneous petitions, if any pending, shall stand closed.
SD/- K.SAILESHIASSISTANT [REGIS]R
//TRUE [COPY//]SECTION [OFFICER]
To,
; tl, [i+,:*,trri*t*e**g,,ru*si#-. ][;, ][-: ]-; Fl[tif.;.$it#'3lrfl",';,,,3'ff?'t3I,.'gl [,he state ][or ][re ][angana ][at]?IX"8t31"t3H11. [n"r". ][High ][court ][ror ][the stare ][or ][rerangana ][at ][Hvderabad], lourl8. Two CD [CoPies]N/P; Fl[tif.;.$it#'3lrfl",';,,,3'ff?'t3I,.'gl [,he state ][or ][re ][angana ][at]?IX"8t31"t3H11. [n"r". ][High ][court ][ror ][the stare ][or ][rerangana ][at ][Hvderabad], lourl8. Two CD [CoPies]N/P
HIGH COURT
DATED:3011212020
ORDER
WP.No.24378 ot 2020
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
BesIA(f,oo0I [,!AN 2021]*cPC.