Syed Murad v. The State Of Telangana

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.25777 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the second respondent in confiscating 100% of the stock of the petitioner in Case No.C1/312/2015 dated 27.01.2016 as illegal and arbitrary.

2. Heard Sri V.H.V.R.R.Swamy, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies (Telangana).

3. A perusal of the record reveals that the civil supplies official seized 80 quintals of rice and 54 quintals of wheat, which is meant for public distribution scheme. The petitioner herein appeared before the second respondent and admitted his guilt. Basing on the admissions made by the petitioner, the second respondent passed orders on 27.01.2016 confiscating 100% of the stock seized. Feeling aggrieved by the orders of the second respondent, the petitioner filed Criminal Appeal No.124 of 2016 on the file of the Metropolitan Sessions Judge, Criminal Courts, Red Hills, Hyderabad.

4. Learned counsel for the petitioner submitted that the wife of the petitioner and others have filed W.P.No.7811 of 2016 and batch challenging the detention order. He further submitted that this Court allowed the writ petition on 13.07.2016 with an observation that the petitioner has not contravened the provisions of control order framed under Section 3 of the Essential

Commodities Act.

5. At the time of arguments, the only relief sought by the learned counsel for the petitioner is to direct the learned Metropolitan Sessions Judge to dispose of the appeal at an early date taking into consideration the orders of this Court in Writ Petition No.7811 of 2016 and batch.

6. Having regard to the facts and circumstances of the case, the learned Metropolitan Sessions Judge, Criminal Courts, Red Hills, Hyderabad, is hereby directed to dispose of the Criminal Appeal No.124 of 2016 in the light of the orders of this Court in W.P.No.7811 of 2016 and batch.

7. With the above direction, the writ petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this writ petition shall stand closed.

_______________________ T.SUNIL CHOWDARY, J 03.08.2016 Rns HON'BLE SRI JUSTICE T.SUNIL CHOWDARY

WRIT PETITION No.25777 OF 2016 Date:03.08.2016 Rns