Srinivasa Traders v. The State of Telangana

Court: High Court for State of Telangana

Bench: ANIL KUMAR JUKANTI

Judgment date: 2026-04-01

Case summary

High Court for State of Telangana judgment dated 2026-04-01. Srinivasa Traders v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 3384 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION NO: 9705 OF 2026 Between: Srinivasa Traders, represented by its Proprietor, Alampally Sridhar S/o. 'Alampally Vishwanatham, Age 43 Years, Premises Flat No. 3-78lE/80,First Floor, Vikarabad Road, Chevella, Ranga Reddy District. ... PETITIONER AND 1. The State of Telangana, represented by its Principal Secretary to the Consumer Affairs, Food and Civil Supplies, Secretariat Buildings, Hyderabad. 2. The Collector (CS), Medak District, Medak Proper and District. 3. The Station House Officer, Toopran Police Station, Toopran, Medak District. 4. lnspector (C. S), Medak, Medak proper and District ...

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the seizure of the stock of rice of the petitioner through F. l. R No. 72 of 2026, of P. S. Toopran, Medak District, dated 05-03-2026, and not releasing the said stock of rice in favour of the petitioner, even though the petitioner had not committed any in'egularities or illegalities, is nothing but arbitrary, illegal, nutl and void and violative of principles of naturaljustice and also violative of Articles 14, 19 and 21 of the Constitution of lndia. Consequently, direct the respondents to release the stock of rice in favour of the petitioner seized in F. l. R No. 72 of 2026, of P. S. Toopran, Medak District, dated 05-03-2026. l. A.

NO: 1OF 21126 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 respondents to rclease the stock of rice in favour of the petitioner seized in F. l. R. No. 72 ot 2026, of P. S. Toopran, Medak District, pending disposal of the writ petition. Counsel for ther Petitioner: SRI K. VENUMADHAV Counsel for the Respondent No. 't, 2 & 4: SRI N. S. ARJUN KUMAR, AGP FOR CIVIL SUPPLIES Counsel for the Respondent No. 3: AGP FOR HOME The Court made the following: ORDER n AT IIYDERABAD Between: Srinivasa Traders, rep. , by its proprietor, Alampally Sridhar, S/o. Alampally Vishwanatham, Age 43 years, Premises Flat No. 3-Zg / E gO, / First Floor, Vikarabad Road, Chevella, Ranga Reddy District Petitioner And The State of Telangana, rep. , by its Principal S:cretary to the borJr*. , Aftairs, Food and Civil Supplies, Secretariat Buildings, Hyderabad and three others .

Respondents ORDER: This writ petition is filed with the following prayer: '... to issue an order or d. irection more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the seizure of the slock of of the petitionel through 1c_e F. I. R. No. 72 of 2026, of P. S. Toopran, Medak Distriit, dated 05. 03. 2026,;; not_ releasing the said stock of rice in favour tt petitioner, even though the petitioner had "r " committed any irregularities or iliegalities, is ";i but arbitrar5r, illegal, nufl and voii ana violative ""tnfi of principles of natural justice and also violative of Articles 14, 19 and 2l of the Constitution of India. consequently, direct the respondents to release the stock of rice in favour of i,. petitioner seized in . / F. l. R. No. 72 of 2026, of P. S. Toopran, Medak District, dated 05. 03. 2026, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. " 2. lleard Mr. K.

Venumadhav, learned counsel for petitic,ners, Mr. N. S. Arjun Kumar, learned Assistant Government Pleader for Civil Supplies for respondent Nos. 1 ,2 and 4, and learned Assistant Government Pleader for Home for respondent No. 3. 3. Case of petitioner is that on 05. 03. 2026 while transporting rice in 77O plastic bags (quantity of 368. 5 qtls. ,) in vehicle bearing No. TS 08 UF LL49, Inspector (C. S. ) Medak District - respondent No. 4 seized the vehicle on the allegation that the rice being transported was mearrt for Public Distribution System (PDS). On a complaint from respondent No. 4, the Station House Offrc'3r, Toopran Police Station, respondent No. 3 registered F. l. R. No. 72 of 2026, dated 05. 03. 2026. 4. l,earned counsel for petitioner submitted that the rice is a common variety and it is not PDS rice. It is furttrer submitted that respondent Nos.

3 and 4, without i i 11 3 taking into consideration the factuar aspect that the rice was a common variety and not pDS rice, by abusing the powers vested, seized the vehicle along with rice (36g. s qtls)- It is also submitted that the rice is a schedule commodity and not an essential commod. ity and seizing the same under section 6-A of the Essentiar commodities Act, 1955 (for short the Act, 195sJ amounts to an ilegal act. Copy of F. t. R. No. 72 of 2026, dated 05. 03. 2026 (Ex'Pl) is at page No. 15, complaint dated 05. 03. 2026 is at Page Nos. 19 and 20, and bill of supply is at page No. 26 and e-way bill is at page No. 27 of the writ papers. 5' learned counser for petitioner praced reliance on the order passed by a learned Single Judge in w. p. No . 22s4 of 2026, dated Lo. o3-2o26. L,earned counser invited the attention of this court to paragraph No. g of the rearned Single Judge's order and submitted that similar orders be passed in this writ petition too. 6.

on the other hand, learned Assistant Government Pleader for Civil Suppliey. ,alaced on record a T a corrur. unication received from the offrce of District Civil Supplies, Medak District, dated 31. 03. 2026. Drawing attenl:ion of this Court to unnumbered paragraph at Page No. 4 of the communication submitted that appropriate proceedings have been initiated under Section 6-A of the Act, . -955 and a show cause notice is issued to petitioner on 16. 02. 2026 and the date of hearing before the office of District Collector was scheduled on 28. 02. 2026. It is further submitted that the District Collector was trans,ferred and scheduled hearing is to be re-fixed by issuing another show cause notice. 7. Heard learned counsels, perused the record and considered the submissions. 8. There is no dispute that rice was seized, when being tranrsported in a vehicle bearing No. TS OSUF IL49, the quantity of rice is 368. 5 qtls (in 770 plastic bags), incictent occurred on 05. 03. 2026.

On the basis of complaint by respondent No. 4, respondent No. 3 registered an F'. I. R. No. 72 of 2026, dated 05. 03. 2026. Ttre contention putforth by learned counsel for petitioner is that the rice being transported was li a common variety rice t1 and is not I' PDS rice i and that the act of respondent authorities in l ,l seizing the rice and registering an F. I. R. is not in ,l accordance with law. proceedings l: under section 6-A of i I the Act, 19ss are initiated, a show cause notice was i i i issued on r6. o2t. zozo, date of hearing was schedured on 28-02-2026. The relevant paragraph of the communication received by learned Assistant Government pleader for civil Supplies from the ofrrce of District civil supplies officer, Medak District, dated 31. 03. 2026, is as follows: "... Further, it is to submitted that, the District Collector, Medak District has issued a-stro_;;;" notice to the respondents on 16. 02. 2026 and scheduled the hearing on 2g-02.

2o26 before oistrict Collector Court, Medak District. Ho*. rr. r,- G. hearing could not be conducted on the said datel the District conector was transferred to anothlr department. Therefore, another show cause notice may be issued to the respondents as soon as possible arra a new date for hearing may be fixed. " 9- on a perusal of the contents of the rerevant paragraph, it is apparent that proceedings under section 6-A of the Act, l9S5 are under way. \r- / a I n' 10. tn similar circumstances, a learned Single Judge of this Oourt in W. P. No. 7254 of 2026 passed orders, the releve,nt paragraph (No. 8) of the said order is as follows: I "8. TAKING INTO CONSIDERATION: a) The aforesaid facts and circumstanies of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondents, c) The discussion and conclusion as arrived at paragraph Nos.

4 to 7 of the present order, The wrlt petition is disnos. ed of. directine the respondents to release the stock o authorities. sublect to the condltion of the petitioner furnishlng lmmovable prooertv securitv in the State of Telanqana equftralent to the value of the gelzed stock of rice to Respoadent No. 2. The release of the stock of rlce shall however be sublect to the outcome of the confiscatlon proceedings under Section 6-A of the Essentid Commodities Act. 1955. which have been inltiated aqalnst the petitioner. There shdl be ao order as to costs. ' 11. Having pemsed the material on record and having consiidered the contentions, this Court is of the opinion that similar orders be passed as in W,P. No. 7254 of 2026, extracted supra. 12. Respondents are directed to release the stock of rice seized, subject to condition that the petitioner furnishes a secrrrity in the form of immovable property situated within the State of Telanga. na, equivalent to the value of the stock i I seized.

It is made clear that t],at rerease of stock of rice shall be subject to the outcome of proceedings, which are unde. way under Section 6-A of the Act; igss said to have been initiated against the petitioner. 13' with the above observations, the writ petition is disposed of. The,re shall be no oi. der as to costs. Miscellaneous applications, if any, pending shall stand closed. sD/- T. ASSISTANT //TRUE COPY// \ SECTION OFFICER To, 1 The Principal Secretary to the Consumer and Civil Supplies, Secretariat Buildings, Hyderabad, State of 2. The collector (cs), Medak District, Medak proper and District. 3. The Station House Officer, Toopran Police Station, Toopran, Medak District. 4. The lnspector (C. S), Medak, Medak proper and District. 5. One CC to SRl. K VENUMADHAV Advocate tOpUCl 6' Two CCs to GP FOR CIVIL SUPPLIES High Court for the State of Telangana, at Hyderabad [OUT] 7. Two ccs to GP FoR HOME, High court for the state of relangana at Hyderabad ' TOUTI 8.

Two CD Copies o I , CC TODAY HIGH COI'IR DATED: 0110412026 lHE S ( ff o o i o 0 I APfl mii WP. No. 9705 of 2026 * * DISPOSING OF THE WRIT PETITION Il c { I I I

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