Mk Trading Co v. Thestate Of Telangana
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR ,.
PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI WRIT PETITION NO: 359 450F 2024 Between:
MK Trading Co Represented by its Proprietor Rahim Khan' S/o: Gulabkhan' Aoed about szvea,sJ"dciib'li""9t' fii" Gram Panchavath No'45/6-25i2' ffffi R;il' dr;d"st;' rt'r1"i v-ioldn-souar'' Beedar Road iown' Humnabad' ti""ou. Ol.tr.i.t karnataka State 585418 ...PETITIONER/OWNER OF THE STOCK AND
1. The State of Telangana, Rep'by its Principal Secretary' Consumer Affairs' ' i;il;;
cirir srp-piui'r' S 5'6cretariat Buildings' Hvderabad
2. The Additional Collector, (CS) Medchal Malkajgiri District
3. The Assistant Civil Supply Officer, Medchal Malkajgiri District
4. The Deputy Tahsildar, (CS),Dundigal, Medchal tvlalkajgiri District
5. The Station House officer, Cyberabad Commissionerate' Dundigal P'S' Medchal Malkajgiri 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 an appropriate writ, order or direction rnore particularly one in the nature of WRIT OF MANDAMUS declare the seizure of 25 '3 7 5 KG s of Rice of the petitioner basing on the Crime and Confession and Seizure panchanama dated 08-12-2024 is illegal, improper and Without any power or authprity under law and violation of Articles, 19(1 Xg) of the Constitution of lndia
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lA NO: 1 OF 2024 Petition under Seltion 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 rc.lease the seized stocks of 2 5,3 7 5 K G s of Rice, to the petitioner under cover of Crime, Confession and Seizure panchanama dated 08.12.2024 pending disp,osal of the main Writ petition. Counsel for the Petitioner: M/S. C. SUNITHA KUMARI Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES Counsel forthe Respondent No.4: GP FOR HOME The Court made the following: ORDER ,
THE IIONOTIRABLE SMT' JUSTICE T' MADTIAVI DEVI WRTT PETITIONNo.3594soF 2024
ORDER
This Writ Petition arises out of the proceedings dl08'12'2024' wherein under a cover of panchanama' 25'375 kgs' of rice of the petitioner has been seized and a case in Crime No' 103 6 of 2024 dr.O8.l2.2[24on the frle of Dundigal Police Station' Cyberabad District has been registered' The petitioner is seeking interim release of the stock of rice subj ect to confiscation proceedings under Section 6-.{ of the Essential Commodities Act' 1955 issued by the authorities' 2.
Leamed counsel tbr the petitioner submits that the petitioner purchased 97 metric tons of rice in E-auction conducted by FCI of Karnataka State on 2l'll'2l24and out of it' it sold 25'375 kgs'' to Jay Gurudev Rice and Pulse Mill' Khambhat' Gujarat State and when the same was being transported to Gujarat by lorry bearing No'KA 56 0461' the authorities intercepted the lorry and seized the stock of rice' It is submitted that the subject rice under transportation is not PDS rice and
W.P. No.35945 of 2024 ., under a misconcepl.ion that it is PDS rice, the same has been seized by the authorities.
3.
Having rega.rd to the fact that the rice which was under transportation was seized by the authorities and the proceedings under Section 6-,4. of the Essential Commodities Act, 1955 have already been initiated against the petitioner and the said proceedings are likely to take some time for conclusion and the rice is likely to get damaged because of such time lapse, this Court is inclined to grant interim custody of the rice which was sei;:ed by the authorities on terms. The respondents are directed to release t.he stock of rice which was seized by the authorities subject to the condition of the petitioner furnishing immovable property security in Telangana equal to the value of the stock of rice which has been seized by the authorities, to respondent No.2-Additional Collector (Civil Supplies), Mr:dchal Malkajgiri District. The release of the stock of i rice shall be subject to the outcome of the confiscation proceedings i under Section 6-,4,rf the Essential Commodities Act, 1955 which have been initiated against the petitioner.
4.
The Writ Petition is accordingly disposed of. No order as to costs. i , :
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w.P. No.35945 of 2024 tions, if any, in the Writ Petition shall 5.
Pending miscellaneous Petr stand closed'
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r HIGH COURT CC TODAY DATED:31 11212024
ORDER
( + $( WP.No.35945 of 2024 J O J JA.l\j 2Oi5 l,) )1 .(') .-:
;-:/ DISPOSING THE WRIT PETITION WITHOUT COSTS ./s 4,2 I y',tzs :