Telangana High Court
WP/24403/2020 of Chitluri Balaji Koteswara Ranjit Kumar Vs State of Telangana on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)' - " WEDNESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A . RA,JASHEKER REDDY WRIT PETITION NOi 244030F 2020Between: Chitluri Balaji Koteswara Ranjit Kumar, S/o Vijaya
HIGH COURT FOR (Special THE STATE OF Original TELANGANA AT Jurisdiction)' - "HYDERABAD
WEDNESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE A. RA,JASHEKER REDDY
WRIT PETITION NOi 244030 F 2020
Between:
Chitluri Balaji Koteswara Ranjit Kumar, S/o Vijaya Ramachandra Rao,afl:#:J"xT;68:3"]{T,:?,"'Jleusineli' [RdMi;li;i;b'rriVirrag;i;'d ][I\'4andar,]
..,PETITIONER
AND
'l Secreta State of riat, reranoana HvYderaoao.Rep. by its principar Secretary, civir Suppries Departmenr,2 The Deputy Tahsirdrar- civir suppries Department, sathupali, Khammam District.3. The Station House Officer, p S.Sathupaf il,-Kiia-mmam District....RESPONDENTS
Petition under Articre 226 0f the constitution of rndia praying that in thecircumstances stated in the affidavit fired therewith, the High court may be preased toissue a writ order or direction especialy one in the nature of writ of mandamus:issue a writ order or direction especialy one in the nature of writ of mandamus:
a) declaring that the seizure of goods carriage (Lorry) bearing No.Ap37 v 0797belonging to the petitioner vide FrR in cr.No.223 of 2020 on the fire of pS, sathupaili,belonging to the petitioner vide FrR in cr.No.223 of 2020 on the fire of pS, sathupaili,Khammam District as iilegar, arbitrary, improper and without any jurisdiction andconsequenfly direct the respondent No.3 to rerease the goods carriage (Lorry)bearing No.AP37 V 0797 of the petitioner.lA NO: 1 OF 2o2obearing No.AP37 V 0797 of the petitioner.lA NO: 1 OF 2o2o Petition under section 151 cpc praying that in the circumstances stated in theaffidavit fired in support of the petition, the High court may be preased to direct therespondent No.3 to rerease the goods carriage (Lorry) bearing No.Ap37 V 0797 tothe petitioner pending disposal of the Writ petition.Counsel for the Petitioner: SRt. SRINIVASA RAO MADIRAJU
Counsel for the Respondent Nos.1 & 2: Gp FOR CIVIL SUPPLIES
Counsel forthe Respondent No.3: Gp FOR HOME
The Court made the following: ORDER
HON'BLE SRI JUSTICE A.RAJASHEKER [REDDY]Writ Petition No.24403 of 2020
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ORDER:
Heard learned counsel for the petitionet and learnedGovemment Pleader for Civil Supplies Department.
2. The petitioner is the owner of Lony bearing registrationNo.AP 37 Y 0797 and the same is used in transporting goods. Whileso, on the allegation thatl42 bags i.e.69 quintals of broken rice and71 quintals of PDS rice was being illegally transported by thepetitioner in the vehicle in question, the stocks and the vehicleinvolved therein were seized by the 3'd respondent on 09.10.2020 anda case in Crime No.223 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 6-4. of theEssential Commodities Act and the criminal prosecution before thecriminal Court is yet to commence, pending enquiry of theproceedings, the petitioner using the subject vehicle for transportationof goods and in the light of the submission of the leamed counsel forthe petitioner that there is no specification about the PDS commoditieseither in the Essential Commodities Act or in the Control Orders, nonecan identify whether it is PDS rice or not and there is no restriction of I
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rnovement of paddy and rice and the vehicle was used fortransportation of the rice bags, the 3.d respondent_station HouseOfficer, Sathupali P.S, Khammam District shall release the subjectvehicle on condition the petitioner furnishing a personal Bond forRs.50,000/- (Rupees fifty thousand only) or third parry security to thevalue ofthe vehicle and also on his furnishing an undertaking that hewill not alienate or change the physical features of the vehicle. The3'd respondent shall also write to the RTA authority not to transfer thevehicle in question on any third parties name without clearance fromthe Civil Supplies Department. The release of [vehicle ][is ][in ][view ][of ][the]situation existing on account of COVID-19. [The ][release ][of ][the ][seized]stock and vehicle shall be subject [to ][outcome ][of ][the ][proceedings under]Section 7 of the Essential Commodities [Act.]Officer, Sathupali P.S, Khammam District shall release the subjectvehicle on condition the petitioner furnishing a personal Bond forRs.50,000/- (Rupees fifty thousand only) or third parry security to thevalue ofthe vehicle and also on his furnishing an undertaking that hewill not alienate or change the physical features of the vehicle. The3'd respondent shall also write to the RTA authority not to transfer thevehicle in question on any third parties name without clearance fromthe Civil Supplies Department. The release of [vehicle ][is ][in ][view ][of ][the]situation existing on account of COVID-19. [The ][release ][of ][the ][seized]stock and vehicle shall be subject [to ][outcome ][of ][the ][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/- I.NAGALAKSHMIASSTSTANT REGIZRAR//TRUE COPY//\'.
SECTION OFFICER
To,
'l , The Principal Secretary, Civil Supplies Department, State of Telangana,Secretariat, Hyderabad.Secretariat, Hyderabad.
Secretariat, Hyderabad.Z i6" OJpriv f6nsitOtar, [Civit ][Suppties Department, Sathupalli, Khammam ][District]5. ffre Stdtio6 House [Officer, P.S:Sathupalli' Khammam ][District.]Z i6" OJpriv f6nsitOtar, [Civit ][Suppties Department, Sathupalli, Khammam ][District]5. ffre Stdtio6 House [Officer, P.S:Sathupalli' Khammam ][District.]
+. One CC to Sri Srinivasa [Rao ][lVladiraju, ][Advocate ][[OP-UC]]d. iwo cCsio cp [tor. ][Civil Supplies, ][High ][Court ][for ][the State ][of ][Telangana ][at]Hyderabad. [OUT]O. fi,o-C-CJ io'cp [fcir ][Home, ][High ][Court for the State ][of ][Telangana ][at Hyderabad.]tourl7. Two CD CopiesCHRd. iwo cCsio cp [tor. ][Civil Supplies, ][High ][Court ][for ][the State ][of ][Telangana ][at]Hyderabad. [OUT]O. fi,o-C-CJ io'cp [fcir ][Home, ][High ][Court for the State ][of ][Telangana ][at Hyderabad.]tourl7. Two CD CopiesCHR
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HIGH COURT
DATED:3011212020
ORDERW.P.No.244O3 of 2020
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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