Chitluri Balaji Koteswara Ranjit Kumar v. State of Telangana
Court: High Court for State of Telangana
Bench: A.RAJASHEKER REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-30. Chitluri Balaji Koteswara Ranjit Kumar v. State of Telangana. Read the judgment and case...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT - " HYDERABAD (Special Original Jurisdiction)' WEDNESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. RA,JASHEKER REDDY WRIT PETITION NOi 244 030 F 2020 Between: Chitluri Balaji Koteswara Ranjit Kumar, S/o Vijaya Ramachandra Rao, RdMi;li;i;b'rriVirrag;i;'d I\'4andar, afl:#:J"xT;68:3"]{T,:? ,"'Jleusineli' .. ,PETITIONER AND 'l State of reranoana Rep. principar by its Secretary, civir Suppries Departmenr, Secreta riat, HvYderaoao. 2 The Deputy Tahsirdrar-civir suppries Department, sathupali, Khammam District. 3. The Station House Officer, p S. Sathupaf il,-Kiia-mmam District. ... RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue a writ order or direction especialy one in the nature of writ of mandamus: a) declaring that the seizure of goods carriage (Lorry) bearing No.
Ap37 v 0797 belonging to the petitioner vide FrR in cr. No. 223 of 2020 on the fire of pS, sathupaili, Khammam District as iilegar, arbitrary, improper and without any jurisdiction and consequenfly direct the respondent No. 3 to rerease the goods carriage (Lorry) bearing No. AP37 V 0797 of the petitioner. lA NO: 1 OF 2o2o Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent No. 3 to rerease the goods carriage (Lorry) bearing No. Ap37 V 0797 to the petitioner pending disposal of the Writ petition. Counsel for the Petitioner: SRt. SRINIVASA RAO MADIRAJU Counsel for the Respondent Nos. 1 & 2: Gp FOR CIVIL SUPPLIES Counsel forthe Respondent No. 3: Gp FOR HOME The Court made the following: ORDER HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.
24403 of 2020 ORDER: Heard learned counsel for the petitionet and learned Govemment Pleader for Civil Supplies Department. 2. The petitioner is the owner of Lony bearing registration No. AP 37 Y 0797 and the same is used in transporting goods. While so, on the allegation thatl42 bags i. e. 69 quintals of broken rice and 71 quintals of PDS rice was being illegally transported by the petitioner in the vehicle in question, the stocks and the vehicle involved therein were seized by the 3'd respondent on 09. 10. 2020 and a case in Crime No. 223 of 2020 was registered under Section 420 read with 34 IPC and Section 7 of the Essential Commodities Act against the petitioner. 3. Having considered the respective submissions made by the learned counsel, inasmuch as enquiry under Section 6-4.
of the Essential Commodities Act and the criminal prosecution before the criminal Court is yet to commence, pending enquiry of the proceedings, the petitioner using the subject vehicle for transportation I of goods and in the light of the submission of the leamed 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 rnovement of paddy and rice and the vehicle was used for transportation of the rice bags, the 3. d respondent_station House Officer, Sathupali P. S, Khammam District shall release the subject vehicle on condition the petitioner furnishing a personal Bond for Rs. 50,000/- (Rupees fifty thousand only) or third parry security to the value ofthe vehicle and also on his furnishing an undertaking that he will not alienate or change the physical features of the vehicle.
The 3'd respondent shall 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 seized stock and vehicle shall be subject to outcome of the proceedings under Section 7 of the Essential Commodities Act. 4. Subject to the above, the writ petition is disposed of' No costs. Miscellaneous petitions, if any pending, shall stand closed' J SD/- I. NAGALAKSHMI ASSTSTANT REGIZRAR I //TRUE COPY// \'. SECTION OFFICER To, 'l , The Principal Secretary, Civil Supplies Department, State of Telangana, Secretariat, Hyderabad. District Z i6" OJpriv f6nsitOtar, Civit Suppties Department, Sathupalli, Khammam District. 5. ffre Stdtio6 House Officer, P. S:Sathupalli' Khammam Advocate +. One CC to Sri Srinivasa Rao lVladiraju, [OP-UC] of Telangana at d. iwo cCsio cp tor.
Civil Supplies, High Court for the State Hyderabad. [OUT] fcir Home, High Court for the State of Telangana at Hyderabad. O. fi,o-C-CJ io'cp tourl 7. Two CD Copies CHR HIGH COURT DATED:3011212020 s 1 14 r_) 0 7 JAit 202l * ORDER W. P. No. 244O3 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ssr/ c-oP'e5 \o )r "r\"rpu
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