Telangana High Court

WP/35945/2024 of MK Trading Co Vs TheState of Telangana on 31 December 2024

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\' HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR ,. PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 359 450F 2024 Between: MK Trading Co Represented by its Proprietor

HIGH COURT [FOR ][THE STATE ][OF ][TELANGANA]AT HYDERABAD(SPecial Original [Jurisdiction)]

TUESDAY, [THE THIRTY FIRST ][DAY ][OF ][DECEMBER]TWO THOUSAND [AND TWENTY ][FOUR ][,.]

PRESENT

THE HONOURABLE [SMT ][JUSTICE ][T.MADHAVI ][DEVI]

WRIT PE[TITION NO:][ 359][ 450F ][2024]

Between:

MK Trading [Co ][Represented ][by ][its ][Proprietor ][Rahim Khan' S/o: ][Gulabkhan']Aoed about [szvea,sJ"dciib'li""9t' ][fii" ][Gram ][Panchavath No'45/6-25i2']ffffi R;il' [dr;d"st;' ][rt'r1"i ][v-ioldn-souar'' ][Beedar Road ][iown' ][Humnabad']ti""ou. Ol.tr.i.t [karnataka ][State ][585418]

...PETITIONER/OWNER [OF ][THE ][STOCK]

AND

1. The State [of ][Telangana, Rep'by ][its ][Principal Secretary' Consumer Affairs']' i;il;; cirir srp-piui'r' [S ][5'6cretariat ][Buildings' ][Hvderabad]' i;il;; cirir srp-piui'r' [S ][5'6cretariat ][Buildings' ][Hvderabad]

2. The Additional [Collector, ][(CS) ][Medchal Malkajgiri District]

3. The Assistant [Civil Supply Officer, Medchal Malkajgiri District]

4. The Deputy [Tahsildar, (CS),Dundigal, Medchal ][tvlalkajgiri District]

5. The Station [House ][officer, Cyberabad Commissionerate' Dundigal ][P'S']Medchal Malkajgiri [District]Medchal Malkajgiri [District]

...RESPONDENTS

Petition under [Article ][226 ][of ][lhe ][Constitution ][of ][lndia ][praying ][that in ][the]circumstances [stated ][in ][the ][affidavit ][filed ][therewith' ][the ][High ][Court ][may ][be]pleased to issue an [appropriate ][writ, ][order ][or direction ][rnore ][particularly one ][in ][the]nature of WRIT [OF ][MANDAMUS declare ][the ][seizure ][of ][25 ]['3 ][7 ][5 ][KG ][s ][of ][Rice ][of]the [petitioner basing ][on ][the ][Crime ][and ][Confession ][and ][Seizure ][panchanama]dated 08-12-2024 [is illegal, ][improper ][and Without ][any ][power ][or ][authprity under]law and violation [of ][Articles, ][19(1 ][Xg) ][of ][the Constitution of lndia]

lA NO: 1 OF 2024

Petition under Seltion 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 rc.lease the seized stocks of 2 5,3 7 5 K G s of Rice, to thepetitioner under cover of Crime, Confession and Seizure panchanama dated08.12.2024 pending disp,osal of the main Writ petition.

Counsel for the Petitioner: M/S. C. SUNITHA KUMARI

Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES

Counsel forthe Respondent No.4: GP FOR HOME

The Court made the following: ORDER

THE IIONOTIRABLE [SMT' JUSTICE ][T' ][MADTIAVI ][DEVI]

WRTT[PE][TITI][ONN][o.3594][soF][ 2024]

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ORDER

This Writ [Petition ][arises ][out ][of ][the ][proceedings ][dl08'12'2024']wherein [under ][a ][cover ][of ][panchanama' ][25'375 ][kgs' ][of ][rice ][of ][the]petitioner [has been ][seized ][and ][a ][case ][in ][Crime ][No' ][103 ][6 of ][2024]dr.O8.l2.2[24on [the ][frle ][of Dundigal Police Station' ][Cyberabad ][District]has been [registered' ][The petitioner ][is ][seeking ][interim ][release ][of ][the stock]of rice [subj ][ect ][to ][confiscation ][proceedings ][under ][Section ][6-.{ ][of ][the]Essential [Commodities ][Act' ][1955 issued ][by the ][authorities']2. Leamed [counsel ][tbr ][the ][petitioner ][submits ][that the ][petitioner]purchased [97 ][metric ][tons ][of ][rice ][in ][E-auction ][conducted ][by ][FCI ][of]Karnataka [State ][on ][2l'll'2l24and ][out ][of ][it' ][it ][sold ][25'375 ][kgs'' ][to ][Jay]Gurudev [Rice ][and Pulse ][Mill' ][Khambhat' ][Gujarat ][State ][and ][when ][the]same [was ][being transported ][to ][Gujarat ][by ][lorry ][bearing ][No'KA ][56 0461']the [authorities ][intercepted ][the ][lorry ][and ][seized ][the ][stock ][of ][rice' ][It ][is]submitted [that ][the ][subject ][rice ][under ][transportation is not ][PDS ][rice ][and]

.,

under a misconcepl.ion that it is PDS rice, the same has been seized bythe authorities.

3. Having rega.rd to the fact that the rice which was undertransportation was seized by the authorities and the proceedings underSection 6-,4. of the Essential Commodities Act, 1955 have already beeninitiated against the petitioner and the said proceedings are likely to takesome time for conclusion and the rice is likely to get damaged becauseof such time lapse, this Court is inclined to grant interim custody of therice which was sei;:ed by the authorities on terms. The respondents aredirected to release t.he stock of rice which was seized by the authoritiessubject to the condition of the petitioner furnishing immovable propertysecurity in Telangana equal to the value of the stock of rice which hasbeen seized by the authorities, to respondent No.2-Additional Collector(Civil Supplies), Mr:dchal Malkajgiri District. The release of the stock ofrice shall be subject to the outcome of the confiscation proceedingsunder Section 6-,4,rf the Essential Commodities Act, 1955 which have been initiated against the petitioner.

4. The Writ Petition is accordingly disposed of. No order as to costs.

I

tions, if [any, ][in ][the ][Writ ][Petition shall]

5. Pending [miscellaneous ][Petr]

stand [closed']

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HIGH COURT

CC TODAY

DATED:31 11212024

ORDER

WP.No.35945 of 2024

1(J+$(l,)O J JA.l\j 2Oi5)1.(').-:;-:/

DISPOSING THE WRIT PETITIONWITHOUT COSTS

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