M.D.Moinuddin. And 2 Others v. The State Of Telangana, And 3 Others

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.25482 of 2019 ORDER :

This writ petition is filed seeking Mandamus to declare the action of respondent Nos.3 and 4 in seizing 500 bags of rice, total 234.60 quintals belonging to the petitioners under the cover of panchanama dt.10.08.2019, as arbitrary, illegal and without any authority.

Heard Sri Vemula Sudhakar Babu, learned counsel for the petitioners and the learned Government Pleader for Civil Supplies appearing for the respondents.

The learned Government Pleader for Civil Supplies, on written instructions, submits that a Show Cause Notice dt.21.08.2019 was issued to the petitioners to attend the hearing and thereafter only, the stock was confiscated by order dt.19.10.2019.

In view of the said submission, when the same was pointed out to the learned counsel for the petitioners, he could not state anything about the same. He, however, contends that in similar circumstances, this Court directed for release of the confiscated stock vide order dt.24.09.2019 in I.A.No.1 of 2019 in W.P.No.20737 of 2019.

ARR,J W.P.No.25482 of 2019 In the instant case, it is to be seen that when an order of confiscation was passed by the respondents under Section 6-A of the Essential Commodities Act, unless the said order is challenged, no relief can be granted to the petitioners. In view of the same, granting liberty to the petitioners to challenge the confiscation order 19.10.2019 passed by the respondents under Section 6-A of the Essential Commodities Act, in accordance with law, this writ petition is dismissed. No order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________ A. RAJASHEKER REDDY, J 25.11.2019.

Msr

ARR,J W.P.No.25482 of 2019 HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.25482 of 2019 25.11.2019 (Msr)