Telangana High Court

WP/24300/2020 of K. Ramulu Vs The State of Telangana and 2 others on 30 December 2020

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THE STATE OF TELANGANA (Speci4l Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT HON'BLE SRI JUSTICE A . RAJASHEKER REDDY Between: K. Ramulu, S/o. K.Basha, aged 44 years, Occ. Driver, R/o. Paccharla Bodu Thanda, Bollepalli, Surepalli, Nalgonda,

HIGH COURT FOR THE STATE OF TELANGANA(Speci4l Original Jurisdiction)

WEDNESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY

PRESENT

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY

WRIT PETITION No. 24300 OF 2020

Between:

K. Ramulu, S/o. K.Basha, aged 44 years, Occ. Driver, R/o. Paccharla BoduThanda, Bollepalli, Surepalli, Nalgonda, Telangana.

...PETITIONER

AND

1The State of Telangana, Rep. by its Commissioner of Civil Supplies Departmentand Ex-Officio Secretary, 3rd Floor, Civil Supplies Bhavan, Somajiguda,Hyderabad Districtand Ex-Officio Secretary, 3rd Floor, Civil Supplies Bhavan, Somajiguda,Hyderabad District2District Civil Supplies Officer, Nalgonda, Nalgonda District.3Station House Officer, P.S. Nidmanoor, Nalgonda District.3Station House Officer, P.S. Nidmanoor, Nalgonda District.

...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 or Order one in particularly a WRIT OF IMANDAIMUS declaring theaction of respondents in not releasing the lviahindra Jeeto Auto Light l\,4otor Vehiclebearing No TS30-T-4744, in lavour of petitioner being illegal, irregular, arbitrary andto issue a writ or Order one in particularly a WRIT OF IMANDAIMUS declaring theaction of respondents in not releasing the lviahindra Jeeto Auto Light l\,4otor Vehiclebearing No TS30-T-4744, in lavour of petitioner being illegal, irregular, arbitrary andin violation of principles of natural justice and consequently direct the respondentsto release the IVahindra Jeeto Auto Light lr/otor Vehicle bearing No TS30-T-4744, into release the IVahindra Jeeto Auto Light lr/otor Vehicle bearing No TS30-T-4744, infavour of petitioner on him furnishing the personal bond or solvent sureties.

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 release the ltrlahindra Jeeto Auto Light IVIotor Vehicle bearing NoTS30-T-4744, in favor of petitioner on him furnishing the personal bond or solventsureties, pending disposal of the above andthe affidavit filed in support of the petition, the High Court may be pleased to directthe respondents to release the ltrlahindra Jeeto Auto Light IVIotor Vehicle bearing NoTS30-T-4744, in favor of petitioner on him furnishing the personal bond or solventsureties, pending disposal of the above and Counsel for the Petitioner: SRI S. VIPLAV SIMHA REDDY

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.24300 of 2020

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ORDER:

Heard learned counsel for the petitioner and learnedGovernment Pleader for Civil Supplies Department.

2. The petitioner is the owner cum driver of Mahindra JeetoAuto Light Motor Vehicle bearing registration No.TS 30 T 4144 andthe same is being used for transportation of goods on hire basis.While so, on the allegation that 30 plastic bags (l I quintals) of PDSrice was being illegally transported by the petitioner in the vehicle inquestion, the stocks and the vehicle involved therein were seized bythe 3'd [' ]respondent on 29.11.2020 and a case in Crime No.215 of2020 was registered under Section 420 IPC and Section 7 of theEssential Commodities Act against the petitioner.

3. Having considered the respective submissions made by theleamed counsel, inasmuch as enquiry under Section 6-A of theEssential Commodities Act and the criminal prosecution before thecriminal Courl is yet to commence, pending enquiry of theproceedings, the petitioner is using the subject vehicle fortranspofiation of goods and in the light of the submission of thelearned counsel for the petitioner that there is no specification aboutthe PDS commodities either in the Essential Commodities Act or inthe 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]was used for transportation [ofthe ][rice ][bags, ][the ][3'd ][respondent-station]House Officer, [Nidamanoor ][P.S, ][Nalgonda ][District ][shall ][release the]subject vehicle on [condition ][the ][petitioner furnishing ][a ][Personal ][Bond]for Rs.25,000/- [(Rupees ][twenty ][five ][thousand ][only) ][or ][third ][pafty]security to the [value ][of ][the vehicle ][and ][also ][on ][his ][fumishing ][an]that [he ][will ][not ][alienate ][or ][change ][the ][physical ][features ][of]underlaking the vehicle. The [3'd ][respondent ][shal1 ][also ][write ][to ][the ][RTA ][authority]not to transfer the [vehicle ][in ][question ][on ][any ][third ][parties ][name]without clearance [from ][the ][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.]

To,

4. Subject to the [above, ][the ][writ ][petition ][is ][disposed ][of' ][No]

costs. Miscellaneous [petitions, ][if ][any ][pending, shall ][stand ][closed']

SD/.B.SATYAVATHIASSISTANT REGISR/iTRUE COPY'SECTION OFFICER

'1 . The Commissioner of Civil Supplies Department and Ex-Officio Secretary,State of Telangana, [3'd ][Floor, Civil Supplies Bhavan, Somajiguda, ][Hyderabad]DistrictState of Telangana, [3'd ][Floor, Civil Supplies Bhavan, Somajiguda, ][Hyderabad]District

2. The District Civil Supplies Officer, [Nalgonda, Nalgonda District']

3. The Station House Officer, [P.S. Nidmanoor, Nalgonda ][District.]

4. One CC to Sri. S. Viplav [Simha ][Reddy, ][Advocate ]IOPUCI

5. Two CCs to GP for Civil Supplies, [High ][Court ][for ][the ][State of ][Telangana.]lourllourl6. Two CCs to GP for Home, [High ][Court ][for ][the State ][of ][Telangana ][OUT]

7. Two C.D. Copies

Prk*.v

HIGH COURT

DATED:3011212020

ORDER

WP.No.24300 [of ][2020]

Disposing [of ][the WP']without costs.

r.+\"b>,

.11[HE ][SI4]..)0 7 JAt{ 2021f*

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