Telangana High Court

WP/24305/2020 of Sampath Reddy Konyala Vs The State of Telangana and 2 Others on 30 December 2020

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THE STATE OF TELANGANA (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEN/BER TWO THOUSAND AND TWENTY PRESENT HONOURABLE SRI JUSTICE A . R,AJASHEKER REDDY Between: Sampath Reddy Konyala, S/o. K Satti Reddy, Aged about 32 years, Occ. Agriculture, Rl/o. H.No.4-4719, West Gandhi

HIGH COURT FOR THE STATE OF TELANGANA(Special Original Jurisdiction)

WEDNESDAY, THE THIRTIETH DAY OF DECEN/BERTWO THOUSAND AND TWENTY

PRESENT

HONOURABLE SRI JUSTICE A. R,AJASHEKER REDDY

WRIT PETITION No. 24305 OF 2020

Between:

Sampath Reddy Konyala, S/o. K Satti Reddy, Aged about 32 years, Occ.Agriculture, Rl/o. H.No.4-4719, West Gandhi Nagar, Nagaram, Keesara, [t4dIKeesara, l\,4edchal District, Telangana

...PETITIONER

AND

1The State of Telangana, Rep. by its Principal Secretary, Department of CivilSupplies Secretariat, Hyderabad, TelanganaSupplies Secretariat, Hyderabad, Telangana 2The Collector (CS), Office of the Collector (CS), lntegrated Collectorate Complex,Kushal Nagar, SiddipetKushal Nagar, Siddipet The Station House Officer, Jagdevpur Police Station, Siddipet

3

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a Writ, Order or direction more particularly one in the nature of WRIT OFIVANDAMUS declaring the action of the Respondents in limiting to the seizure of thePetitioner (Sri Sampath Reddy Konyala) vehicle i.e., TATA 407 Truck bearing No.TS-06-UC-8127 as per orders dt.13/0912020 in made by the Respondent No.2 incase No.CS.2l2Sl2020 as arbitrary, illegal and volatile of Articles 19, 21 of theConstitution of lndia and consequently direct the respondents to release thePetitioner (Sri Sampath Reddy Konyala) vehicle i.e., TATA 407 Truck bearing No.T5-06-UC-8127 from the custody of the Respondents forthwith.circumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a Writ, Order or direction more particularly one in the nature of WRIT OFIVANDAMUS declaring the action of the Respondents in limiting to the seizure of thePetitioner (Sri Sampath Reddy Konyala) vehicle i.e., TATA 407 Truck bearing No.TS-06-UC-8127 as per orders dt.13/0912020 in made by the Respondent No.2 incase No.CS.2l2Sl2020 as arbitrary, illegal and volatile of Articles 19, 21 of theConstitution of lndia and consequently direct the respondents to release thePetitioner (Sri Sampath Reddy Konyala) vehicle i.e., TATA 407 Truck bearing No.T5-06-UC-8127 from the custody of the Respondents forthwith.

lA NO: 1 OF 2020

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 to grant interim custody of the Petitioner (Sri Sampath ReddyKonyala) vehicle i.e., TATA 407 Truck bearing No. TS-06-UC-8127, pendingdisposal of the above writ petition, in the interest of [justice.]

Counsel for the Petitioner: SRI M.S. ACHYUTH BHARTHWAJ

Counsel for the Respondent Nos. 1&2: GP FOR CIVIL SUPPLIES

Counsel for the Respondent No.3: GP FOR HOME

The Court made the following: ORDER

HON'BLE SRI [JUSTICE ][A.RAJASHEKER ][REDDY]

Writ Petition [No.24305 of ][2020]

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ORDER:

Heard leamed counsel [for ][the ][petitioner ][and ][leamed]Govemment Pleader [for ][Civil ][Supplies ][Department']

2. The [petitioner ][is ][the owner ][of ][Truck ][bearing ][registration]No.TS 06 UC 8127 [and ][he ][is ][using ][the ][same ][for ][transportation ][of]agricultural [goods ][for ][his ][own ][purpose and also ][giving ][the ][same ][on]rent. While so, on [the ][allegation ][that ][104 bags ][(50'30 quintals) ][of]PDS rice was being [illegally ][transpofted ][by ][the ][petitioner ][in ][the]vehicle in [question, ][the ][stocks and ][the ][vehicle involved ][therein ][were]seized and a show [cause ][notice dated ][13.09.2020 ][was ][issued ][by ][the]Additional Collector. [The ][vehicle ][was ][kept ][with ][the ][3'd ][respondent']

3. Having considered [the respective ][submissions made ][by ][the]learned counsel, [inasmuch ][as ][enquiry ][under ][Section ][6-.4 ][of ][the]Essential commodities [Act ][and ][the criminal ][plosecution before ][the]criminal Court is [yet ]to [commence, ][pending ][enquiry ][of ][the]the [petitioner ][is ][using ][the ][subject ][vehicle ][for]proceedings, of [goods ][and ][in ][the ][light ][of ][the ][submission ][of ][the]transportation leamed counsel for the [petitioner ][that there ][is ][no ][specification ][about]the PDS commodities [either ][in ][the ][Essential Commodities ][Act or ][in]the Control Orders, [none ][can ][identify ][whether ][it ][is ][PDS ][rice ][or ][not ][and]there is no restriction of [movement ][of ][paddy ][and ][rice ][and ][the vehicle]

To, was used for transpoftation of the rice bags, the 3'd respondent-StationHouse Officer, Jagdevpur P.S, Siddipet, shall release the subjectHouse Officer, Jagdevpur P.S, Siddipet, shall release the subjectvehicle on condition the petitioner fumishing a personal Bond forRs.25,000/- (Rupees twenty five thousand only) or third party securityto the value of the vehicle and also on his furnishing an undertakingthat he will not alienate or change the physical features of the vehicle.The 3'd respondent shall also write to the RTA authority not to transferRs.25,000/- (Rupees twenty five thousand only) or third party securityto the value of the vehicle and also on his furnishing an undertakingthat he will not alienate or change the physical features of the vehicle.The 3'd respondent shall also write to the RTA authority not to transferthe vehicle in question on any third pafties' name without clearancefrom the Civil Supplies Department. The release of vehicle is in viewof the situation existing on account of COVID-19. The release of thefrom the Civil Supplies Department. The release of vehicle is in viewof the situation existing on account of COVID-19. The release of theseized stock and vehicle shall be subject to outcome of theproceedings under Section 7 of the Essential Commodities Act.proceedings under Section 7 of the Essential Commodities Act.

4. Subject to the above, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed.

SD/. K.AMMAJIASSISTANT [REGIST]//TRUE [COPY//]SECTION OFFICER

I The PrinciDal secretary, [Department of ][civil ][supplies' state ][of ][Telangana']' seiretiriaf. Hyderabad,Telangana' seiretiriaf. Hyderabad,Telangana2TheCollector(CS),officeoftheCollector(CS),lntegratedCollectorate' c""^.pre*,kushal Nagar' SiddiPet

3. TheStationHouseofficer,JagdevpurPoliceStation,Siddipet

4. One [CC ][to Sri. ][tvl ][S ][Achyuth Bharthwai' Advocate ][[OPUC]]

5. Two [CCs ][to ][GP ][for ][Civil ][Supplies' ][High ][Court ][for the ][State of ][Telangana']tourltourl6. Two [CCs ][to ][GP ][for ][Home' High ][Court ][for the State ][of ][Telangana' ][IOUTI]

7. Two Two [[C.D ][CoPies]][[CoPies]]

7. Two Two [[C.D ][CoPies]][[CoPies]]prk -$z HIGH COURT

DATED:3011212020

ORDER

WP.No.24305 of 2020

Disposing of the WP.without costs.

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1t{eSrh(o0 7 JAN [2C2l]zo*TC

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