Bhukya Srinivas v. The State of Telangana and 3 Others
Court: High Court for State of Telangana
Bench: A.RAJASHEKER REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-14. Bhukya Srinivas v. The State of Telangana and 3 Others. Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction) I\,4ONDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A,RAJASHEKER REDDY wRtT PETITION NO. 22606 0F 2020 Between: Bhukya Srinivas, S/o. Bikshapathi, Aged about 20 years, Occ: Agriculture and Owner of the Vehicle Ashok Leyland Dost Bearing Reg. No. TS08UD-9622, Rl/o. Gollagudem, Thurkapally, Palle Pahad Nalgonda, Telangana State. ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies T. S Secretariat Buildings, Hyderabad. 2. The Colleclor (CS), Sanga Reddy District, Sanga Reddy. 3. The Assistant Civil Supply Officer, Sanga Reddy, Sanga Reddy District. 4. The Station House Officer, Patancheru P. S. , Patancheru, Sanga Reddy District. ...
RESPONDENTS Petition under Article 226 o't 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 of WRIT OF MANDAMUS declaring the action of the respondent No. 4 in serzing the Vehicle Ashok Leyland Dost Bearing Reg. No. TSOB U D-9622 under cover of FIR Crime No. 40'112020 dated 24. 09. 2020 is illegal, improper without any power or authority under law and violation of Articles 19(1Xg) of the constitution of lndia and set aside the same. IA NO: 1 OF 2020 Petition under Section 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 respondent No. 4 to release the Vehicle Ashok Leyland Dost Bearing Reg. No. TS08UD-9622 to the petitioner under cover of FIR/Crime No. 40 1/2020 dated 24. 09. 2020 pending disposal of the main Writ petition.
Counsel for the Petitioner: M/s. C. SUNITHA KUMARI Counsel for the Respondent Nos, 1 to 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No. 4: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WP No. 22606 of 2O2O ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies Department. The petitioner is the ou'ncr of Ashok Levland Dost bearing No. TS 08UD 9622 and he used the said vehicle for agriculture purpose and a-1so used to hire the said vehicle for transporting the goods. While so, on the allegatior-r that 30 quintals of PDS rice \\'as being i1lega11y transported b1' the petitioner in the vehicle in question, the stocks and the vehicle involved therein u,ere seized by the 4th respondent on 24-O9-2O2O and a case in Crime i No. 401/2020 was registered under Section 42O IPC and Section 7 I of the Essentia,l Commodities Act against the petitioner.
Having considered the respective submissions made by the learned counsel, inasmuch as enquriry under Section 6 A of the Essential Commodities Act and the criminal prosecution before the criminal Court is yet to commence, pending enquirv of the proceedings, the petitioner hiring the subject vehicle lor transportation of goods and in the light of the submission ol 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 identif_v lr,hether it is PDS rice or not and there is no restrictior-r of movement of paddy and rice and the vehicle was used for transportation of the rice bags, the 4th respondent-Station House Officer, Patancheru P. S, Sangareddl' District. shall rclease the subject vehicle on condition the petitioner furnishing a Personal Bond for Rs.
10,000/- (Rupees ten thousand only) or 3rd part_r, securitv to the value of the vehicle and also on his furnishing an undertaking that he will not alienate or change the physical features of the vehicle. The 4th respondent sha1l also write to the RTA authority not to transfer the vehicle in question on any third parties name without clearance from the Civil Supplies Department. The release of vehicle is in view of the situation existing on account of COVID- 19. The release of the vehicle shall be subject to outcome of the proceedings under Sections 6-A and 7 of the Essential Commodit;es Act. Subject to the above, 1hc urit petition is disposed of. No costs. Miscellaneous petitions, if an1' pcr-rdir-rg, shall stand closed. SD/. K. AM JI ASSISTANT REGI AR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies, State of Telangana, T. S Secretariat Buildings, Hyderabad. 2. The Cbllector (CS), Sanga Reddy District, Sanga Reddy. 3.
The Assistant Civil Supply Officer, Sanga Reddy, Sanga Reddy District. 4. The Station House Officer, Patancheru P. S. , Patancheru, Sanga Reddy District. 5. One CC to [r//s. C. Sunitha Kumari, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court for the State of Telangana at Hyderabad. [OUTJ 7. Two CCs to GP f6r Home, High Court for the State of Telangana at Hyderabad. lourl B. Tyvo CD Copies. MP HIGH COURT DATED:1411212020 a v 17 DEC 2m0 lu ri ,/ }ATC\ ORDER WP. No. 22606 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.