Pk Mallappa v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION NO: 23205 OF 2020 Between:

PK Mallappa, S/o. Sandappa, Aged about 41 years, R/O, Vaddar Galli, Kondagal Village and Mandal, Mahbubnagar, Telangana.

pETt,oNER AND The State of Telangana, Represented by its Principal Secretary, Consumer affairs, Food and Civil Supplies Secretariat Buildings, Hyderabad. The Collector, (Civil Supplies) Vikarabad District, Vikarabad. The Deputy Tahilsdhar, Enforcement, Office of the District supplies Officer, Vikarabad' Vikarabad District ...

RESpoNDENrs 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 Mandamus, declaring the seizure of the '138 quintals of rice of the petitioner basing on the panchnama conducted on 1111112020 by the respondents, as illegal, arbitrary, improper and without power or authority under law lA NO: 1 OF 2020 Petition under Section '1 51 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 seized stocks of 138 quintals of rice to the petitioner basing on the panchnama conducted on 1111112020 by the 3rd respondent pending disposal of the above writ petition Counsel for the Petitioner: SRI K.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No.232O5 of 2O2O ORDER:

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

It is the case of the petitioner that the petitioner is doing business in purchasing the paddy from the farmers and after milling the same to rice, he used to sell the rice to the shops in the market. While so, on 1 1 . 1 L2O2O, the 3'd respondent came to the shop of the petitioner and seized 138 quintal of rice vide panchanama dated 11.11.2020 on the allegation that the rice is PDS ice and also booked a case against the petitioner.

Having considered the respective submissions made by the learned counsel, inasmuch as enquiry under Section 6-A of the Essential Commodities Act and the criminal prosecution before the criminal Court is yet to commence, pending enquiry of the proceedings, the petitioner doing business in purchasing and selling of pulses and in the light of the submission of the learned counsel for the petitioner that there is no specification about the PDS commodities either in the Essential Commodities Act or in the Control Orders, none can identify whether it is PDS rice or not and there is no restriction of movement of paddy and rice and that no useful purpose would be served in keeping the stocks idle, pending enquiry, the 2nd respondent -Collector (Civil Supplies), Vikarabad District, shall release the seized stocks on furnishing 50% of bank guarantee/ third party security to the value thereof by the petitioner.

The release of seized stock is in view of the situation existing on account of COVID- 19 and the same shall be subject to the orders to be passed in the enquiry under Section 6-A &,7 of the Essential Commodities Act.

Subject to the above, the writ petition is disposed of No costs' Miscellaneous petitions, if any pending, shall stand closed' SD/-M.RAMANA KRISHNA //rRUE coPY// ASS'tt:[ REG/lsrRAR SECTION OFFICER To, '1 . The Principal Secretary, Consumer affairs, Food and Civil Supplies, State of Telangana Secretariat Buildings, Hyderabad.

2. The Collector, (Civil Supplies) Vikarabad District, Vikarabad.

3. The Deputy Tahilsdhar, Enforcement, Office of the District supplies Officer, Vikarabad, Vikarabad District.

4. One CC to Sri K Rathanga Pani Reddy Advocate [OPUC]

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

6. Two CD Copies BC IV

HIGH COURT DATED: 2111212020 s 3 0 I)EC 2U0 z 4- + r.1qE9

ORDER

WP.No.23205 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS c-N, r 4rP'?

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