Udutha Srikanth v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18001 of 2019 O R D E R :

This writ petition is filed for the following relief; "...to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the seizure of 700 sand bags, 220 (50 Kgs) bags broken rice, and 240 (25 Kgs.) bags poultry feed and 280 (25 Kgs.) the Poultry feed along with Two stitching machines by conducting panchanama dt.01.04.2019 in Crime No.

87 of 2019 on the file of Police Station, Chityal, Nalgonda District on the ground that the petitioner is illegally manufacturing adulterated poultry feed without obtaining prior permission from the Government and selling the same to the Poultry farmers is illegal arbitrary and without jurisdiction and consequently direct the respondents to release the 700 sand bags, 220 (50Kgs) bags broken rice, and 240 (25 Kgs) bags poultry feed and 280 (25 Kgs) the Poultry feed along with Two stitching machines and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." Learned Assistant Government Pleader for Home submits that already seized items are produced before the Addl.

Judicial First Class Magistrate Court, Ramannapeta; and that the petitioner can file appropriate application before the said Court. Learned Counsel for the petitioner also states that the petitioner will take necessary steps against registration of crime, as the contents of the panchanama does not disclose any offence; and that the petitioner will file necessary application before the concerned Court.

Having regard to the aforesaid facts and circumstances, the writ petition is disposed of granting liberty to the petitioner to avail alternate remedy by filing an application before the concerned Court and on such application being filed, the trial Court to dispose of the said application, as expeditiously as possible, since it is stated by the learned counsel for the petitioner that the goods seized are perishable in nature. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 28.08.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 18001 of 2019 28.08.2019 tk