Singam Satish v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) IVONDAY ,THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 13489 OF 2020 Betwee n:
Singam Satish, S/o. Late Singarn Surya, Aged about 53 years, Occ. Business R/o. H.No.7-110, tr,4adhupuri Colony, Ranga Reddy District. .,.PETITIONER AND The State of Telangana, Represented by its Principal Secretary, Consumer affairs, Food and Civil Supplies Secretariat Buildings, Hyderabad. The Collector (Civil Supplies), Ranga Reddy District, Lakdikapool, Hyderabad. The Deputy Tahilsdhar, Enforcement, Office of the District supplies Officer, Ranga Reddy District, Lakdikapool, Hyderabad The Station House Officer, Maheswararn Police Station, Ranga Reddy District ...RESPONDENTS Petition under Article 226 of the 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 more particularly one in the nature Writ of l\,4andamus, declaring the seizure of 200 quintals of rrce (actual quantity 280 quintals) of the petitioner basing on the panchnama conducted on 24.O7.2020 by the respondents, as illegal, arbitrary, improper and without power or authority under law.
lA NO: 1 OF 2020 Petition under Sectron 15'l CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the seizure of 200 quintals of rice (actual quantity 280 quintals) of the petitioner basing on the panchnama conducted on 24.07.2020 by the respondents pending disposal of the above writ petition. Counsel for the Petitioner:SRl. K. RATHANGA PANI REDDY 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:
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.13489 of 2O2O ORDER:
Heard learned counsel for the petitioner, and learned Government Pleader for Civil Supplies Department.
It is the case of the petitioner as per the averments in the writ affidavit that he is a trader of rice by purchasing paddy from farmers an after milling the same, he sells the rice to shops in the market. It is hls grievance that respondents came to IDA I\4ankal Weigh Bridge and seized 200 quintals of rice (actually 280 quintals) vide Panchanama dated 24.07.2020 on the allegation that the rice is Public Distribution System (PDS) Rice, and registered a case against the petitioner under Section 6-A of the Essential Commodities Act.
A careful perusal of the seizure panchanama recorded in Telugu would disclose that it is clearly mentioned in the seizure panchanama that about twenty (20) tons of PDS rice along with bags was seized. In those circumstances, as enquiry is required to be conducted, the 2"d respondent-Collector(CS) shall release the seized stock on the condition of the petitioner furnishing Bank Guarantee for the value of the seized stock. The release of vehicle is in view of the situation existing on account of COVID-19, and the release shall be subject to the orders to be passed in the pending enquiry under Essential Commodities Act. ' Subject to the above, the writ petition is disposed of. No costs.
lYiscellaneous petitions, if any pending, shall stand closed. SD/-K.AMMAJI ASSIS TANT REGIS AR ,TRUE COPY'
SECTION OFFICER ,TO, The Principal Secretary, Consumer affairs, Food and Civil Supplies, State of Telangana, Secretariat Buildings, Hyderabad.
The Cbllector (Civil Supplies), Ranga Reddy District, Lakdikapool, Hyderabad. The Deputy Tahilsdhar, Enforcement, Office of the District supplies Officer, Ranga Reddy District, Lakdikapool, Hyderabad The Station House Officer, N,4ahesi.vararn Police Station, Ranga Reddy District One CC to Sri. K. Rathangapani Reddy, Advocate (OPUC) Two CCs to GP for Civil Supplies, High Court for the State of Telangana at Hyderabad (OUT) Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad (our) Two CD Copies.
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HIGH COURT DATED:2410812020 'i T4 k ( (.
o,J 01 sEP 2020 I
ORDER
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WP.No.13489 of 2020 O6, .s P,1.T a [], Disposing of the WP Without costs ..a\"'-- -Ly 5\