Telangana High Court
WP/34741/2021 of Chirra Venu Vs The. State of Telangana on 31 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRIY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 34741 oF 2021 Between: Chirra Venu, S/o Buchi Reddy aged aboul 27 years, Occ. Business, R/o
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE THIRIY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION NO: 34741 oF 2021
Between:
Chirra Venu, S/o Buchi Reddy aged aboul 27 years, Occ. Business, R/oNellikuduru village, Vavilala Mandal, Warangal districi.
...PETITIONER
AND
1The. State of Telangana, Rep. by its Principal Secretary, Consumer Affairs, Foodand Civil Supplies T.S Secretariat Buildings, Hyderabad.and Civil Supplies T.S Secretariat Buildings, Hyderabad.
The Collector (CS), Karimnagar district Karimnagar.
The Assistant Civil Supply Officer, Karimnagar, Karimnagar District.
4The Station House officer, P.S. Karimnagar (R) P.S. Karimnagar district.
...RESPONDENTS
Petition under Article 226 of the Constitut[on 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 ofWRIT OF MANDAMUS declaring the action of the respondents 2 to 4 in seizing therice 450 bags 225 Quintals of the petitioner under cover of Panchanama dated. 1B-02-2021 ( FIR Crime No.5412021 dated 18-02-202'l )is illegal, improperwithout anypower or authority under law and violation of Articles 19(1Xg) of the constitution oflndia 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 4 to release the seized rice 450 bags 225 Quintals of thepetitioner under cover of Panchanama dated.l 8-02-2021 ( FIR Crime No. 5412021dated 18-02-2021) to the petitioner pending disposal of the main Writ petition.the affidavit filed in support of the petition, the High Court may be pleased to directthe respondents Nos. 2 to 4 to release the seized rice 450 bags 225 Quintals of thepetitioner under cover of Panchanama dated.l 8-02-2021 ( FIR Crime No. 5412021dated 18-02-2021) to the petitioner pending disposal of the main Writ petition.
Counsel for the Petitioner: SRI C. SUNITHA KUMARI
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 HOI 'BLE SRI JUSTICE T. VINOD [KUM,q,R]
\l rit Petition No.34741 of 2021
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ORDER:
Heard 1ea ['ned ]counsel for the petitioners and [learned]Government F Leader for Civil Supplies appearing [for]respondents 1 .o 3 and the learned Government [Pleader ][for]Home for respo rdent No.4.
2. Learned :ounsel for the [petitioner ]submits that [this]Court in simila circumstances passed order dt. [17 ][.('t9.2021 ][tn]WP.No.226 11rf 2021. The same is not disputed by thelearned Govern :rent Pleader for Civil Supplies.
3. Both cou rsel agreed for disposal of the Writ [Petition, in]terms of the crder dr.17.O9.2O21 in WP.No.226ll [o: ][2021 ],with direction o conclude the proceedings under [Section ][6-,{]of the Essenti r1 Commodities Act, 1955 [(for ][short ]['the ][Act,]1955') expediti >usly.
4. Therefore, the respondents a.re directed to [finaJize]proceedings u rder Section 6-A of the Act, 1955 expeditiouslypreferably wit rin a period of eight weeks from the date [of]receipt of copl of this order. However, [pending ][finalization ][of]Section 6-A proceedings, as rice is a [perishable ][item,]respondents a:e directed to release the stock [of ][rice ][belonging]to the petitio rer, subject to the [petitioner ][furnishing ][fixed]deposit receil t to the extent of 50% of the [valrre ][of ][stock]quantified by competent authority and personztl bond [for]
remaining 50%, If the confiscation [proceedings ][end ][in]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 ][amount ][in ][the ][fixed]deposit, it is open to the [Collector ][to ][take ][steps ][to ][recover the]balance amount.
5. With the above direction, [the ][Writ ][Petition ][is ][disposed]of. No order as [to ][costs]
Consequently, [miscellaneous ][petitions ][pending, ][if ][any,]shail stand closed.
SDi- T.JAYASREEASSISTANT REGISTRAR
//TRUE COPY//SECTION OFFICER
To,1 The Princioal Secretary, [Consumer Affairs, ][Food ][and ][Civil ][Supplies ][State ][of]fetangind T.S SecretSriat [Buildings, Hyderabad']1 The Princioal Secretary, [Consumer Affairs, ][Food ][and ][Civil ][Supplies ][State ][of]fetangind T.S SecretSriat [Buildings, Hyderabad']
2. The Collector [(CS), Karimnagar district Karimnagar']
3. The Assistant [Civil ][Supply Officer, Karimnagar ][, ][Karimnagar District']
4. The Station House [officer, ][P.S. ][Karimnagar (R) ][P'S' ][Karimnagar district']
5. One CC to [SRl. ][C ][SUNITHA KUMARI Advocate ][IOPUC]]
6. Two ccs to [GP ][FOR ][CIVIL SUPPLIES, ][High ][court ][for the ][state ][of ][Telangana ][at]Hyderabad. [OUT]Hyderabad. [OUT]
7. Two CCs to [GP ][FOR HOME, High ][Court ][for the ][State of ][Telangana ][at]Hyderabad. [OUT]Hyderabad. [OUT]
8. Two CD [CoPies]
9. One spare [coPY]
.A-NPJ V
SW
HIGH COURT
DATED:31112121t21
ORDERWP.No.34741 ot 2021
DISPOSING OI: THE WRIT PETITION
WITHOUT COS TS.
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