K.Laxmaiah v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) FRIDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO: 19627 OF 2020 Between:

K.Laxmaiah, S/o. Krishnaiah, aged 24 years, R/o. Lalithapur, Uppunuthala Mandal, Nagarkurnool' Telangana ...pETrroNER AND1. The State of Telangana, Rqp by its Commissioner of Civil Supplies Department And Ex-Officio Secietary,3'o Floor, Civil Supplies Bhavan, Somajiguda, Hyderabad District

2. District Civil Supplies Officer, Nalgonda, Nalgonda District.

3. Station House Officer, P.S. Dindi, Nalgonda 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 a writ or Order one in particularly a WRIT OF MANDAIVUS declaring the action of respondents in not releasing the Ashok Leyland LIV1V bearing No.TS3'1J0245, in favour of petitioner being illegal, irregular, arbitrary and in violation of principles of natural justice and consequently direct the respondents to release the Ashok Leyland LMV bearing No.TS31J0245, in favour of petitioner on him f!,rnishing the personal bond or solvent sureties. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the Ashok Leyland LIi/V bearing No.TS31J0245, in favor of petitioner on him furnishing the personal bond or solvent sureties pending d isposal of the above.

Counsel for the Petitioner : SRl. 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.19627 of 2020 ORDER:

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

2.

The case of the petitioner is that he is driver of the vehicle i.e., Ashok Leyland LIVV bearing No.TS 31J 0245 and it was seized by the 3'd respondent on 19.10.2020 on the allegation of illegal transportation of PDS Rice, and a case in Crime No.111 of 2020 was registered against the accused under the provisions of Essential Commodities Act.

1.J Having considered the respective submissions made by the learned counsel, inasmuch as enquiry under Section 6-,4 of the Essential Commodities Act and the criminal prosecution before the criminal Cou( is yet to commence, pending enquiry of the proceedings, the petitioner being driver of the vehicle transporting the rice as a goods vehicle, there is no specification about the PDS commodities either in the Essential Commodities Act or in the Control Orders, and none can identify whether it is PDS rice or not, the 2nd respondent shall release the seized vehicle in question on condition of the petitioner furnishing a personal bond for Rs.25,0001 (Rupees twenty five thousand only) or 3'd party security to the value of the vehicle and also on furnishing an undertaking that he will not alienate or change the physical features of the vehicle. The 2nd respondent shall also write to the RTA authority not to transfer the vehicle in question on any third parties name without clearance from the Civil Supplies

W,P.NO,1962/ OT ZUZU Department The release of vehicle is in view of the situation existing on account of COVID-19. The release of the seized vehicle shall be subject to the orders to be passed in the enquiry under Section 6-4 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. SDi.B.SATYAV ASSISTANT REGI /iTRUE COPY// SECTI OFFICER To, 1.

\ The Commissioner of Civil Supplies Department and Ex-Officio Secretary, State of Telangana, 3rd Floor, Civil Supplies Bhavan, Somajiguda, Hyderabad District The District Civil Supplies Officer, Nalgonda, Nalgonda District. The Station House officer, P.S. Dindi, Nalgonda Dist. One CC to Sri. S. Viplav Simha Reddy, Advocate IOPUC] 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. lourl Two CD Copies I 6.

7.

CHR

HIGH COURT DATED:0611112020 + fA.€ s ( J o 12 No', 2020 * P./,,'f * o

ORDER

{ W.P.No.19627 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COTS -}-