Jannu Anil v. The State of Telangana
Court: High Court for State of Telangana
Bench: T.MADHAVI DEVI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-04. Jannu Anil v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 321e J HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T. MADHAVI DEVI WRIT PETITION N O: 33662 0F 2024 Between: Jannu Anil, S/o Anandam, Aged a-bout 44 years, Occ . l_23- - ; Business, Fl/o H. No.. l 1891 , LB Nagar, Warangal Town, Warangatbiitritt. ..... PETIT|ONER, AND 1. The State^of Telangana, Rep. by principal its Secretary, Civil Supplies and Essentiar commodities Depbrtnient, Dr. B. iR. A;bedkai's",ii"tuii-j"s"riri'iligr, Tank Bund, Hyderabad. 2. The District Collector, Karimnagar, District Karimnagar. 3. The Joint Collector, (Civil Supplies), Karimnagar, Karimnagar District, 4. The Tahasildar, Manakondur, Karimnagar District. 5. The Station House officer, Manakondur, District Karimnagar. .....
RESPONDENTS Petition Under Arlicre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature writ of Mandamus, decraring the action of the respondents in not considering the petitioner representation Dated 0g. 1. 1. 2o24 for release of 299 Quintals of rice seized by way of confession and panchanama Dated 10. 07 . 2024 in connection with cr. No. 3osl2024 Dated 05. 07. 2024fot rhe offence U/sec. 3. r8 (4) BNS and Section 7(A) of Essential commodities Act 195s on the file of police station Manakondur, Karimnagar District. l. A. NO:1 OF 2024 Petition Under Section 15'l 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 forthwith release of 299 Quintals of rice seized by way of confession and panchanama Dated 10. 07.
2024 in connection with Cr. No. 30512024 Dated 05. 07. 2024 fot lhe offence U/Sec. 318 (4) BNS and Section 7(A) of EsSential Commodities Act 1955 on the file of Police station Manakondur, Karimnagar District pending disposal of the above writ petition. Counsel for the Petitioner : SRI PRAVEEN KUMAR VEERJALA Counsei for the Responcient Nos. i to 4 : GP FOR CiViL SUPPL|ES Counsel forthe Respondent No. 5: GP FOR HOME The Court made the following ORDER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO. 33662 OF 2024 ORDER In this Writ Petition, the petitioner is seeking disposal of his representation dt. 09 . l I . 2024 for release of 299 quintals of rice seized by way of a panchanama dt. 10. 07. 2024 in connection with Crime No. 305 of 2024 dt. 05. 07 . 2024 for the offence under Section 3 1 8 (4) of BNS and Section 7(A) of the Essential Commodities Act, 1955 on the file of Police Station Manakondur, Karimnagar District and to pass such other order or orders. 2.
Learned counsel for the petitioner submits that the seizure of the rice from the possession of the petitioner has been without any verification as to whdther the said rice is PDS rice and therefore, it is bad in law and that the petitioner has made a representation on 09. 11. 2024 for release of the rice but the same has not been considered so far. He placed reliance upon the orders of this Court in \ W. P. No. 19645 of 2024 dt. 23. 07. 2024, wherein this Courr directed the \ W. P- No. 33662 of2024 N respondents therein to release the seized stock of rice subject to the condition of the petitioner therein fumishing immovable property as security equivalent to the value thereofi if the stocks have already not been disposed of by way of interim sale so far and also subject to outcome of the confiscation proceedings under Section 6-,{ of the Essential Commodities Act, 1955. The leamed counsel for the petitioner prayed that similar relief be granted in this case also. 3.
Leamed Govemment Pleader for Civil Supplies has obtained written instructions, according to which, a show-cause notice has been issued to the petitioner calling for his explanation as to why action should not be initiated under Section 6-8 of the Essential Commodities Act, 1955 and the petitioner has not submitted any written explanation and only one respondent, i. e. , Thadaka Sathish has appeared for personal hearing on 09. 08. 2024 and therefore, the Collector (CS), Karimnagar has issued orders dt. 09. 08. 2024 duly confiscating 100% of the seized stock in favour of the Government. It is also stated that a penalty of Rs. 40,000/- was imposed on the seized lorry and the owner of the lorry W. P. No. 13662 of2024 has remitted the said penalty amount and requested for release of the vehicle and the vehicle has accordingly been released. 4.
Learned counsel for the petitioner, however, submitted that no t notice was given to the petitioner and no opportunity was given to him to make his submissions against the proceedings under Section 6-4 of the Essential Commodities Act, 1955 and even the order dt. 09. 08. 2024 confiscating 100% of the stocks has not been served on the petitioner. 5. Having regard to the above submissions, this Court finds that in the wriften instructions, there is no reference to any date on which the order of confiscation has been served on the petitioner. Therefore, this Court deems it fit and proper to direct the respondents to dispose of the representation of the petitioner dt. 09. 11. 2024 within a period of two weeks from the date of receipt of a copy of this order and till such time, the seized stock which has been confiscated vide orders d1. 09. 08. 2024 under Section 6-4 of the Essential Commodities Act, 1955 shall not be put to sale. 6.
With the above directions, the Writ Petition is disposed of. No order as to costs. I f w. P. No. 33662 of 2024 Writ Petition shall petitions' if any' in this 't Pending miscellaneous stand closed' HUSHAMBA / SD/. P. Ch. NAGAB / ASSIST T REGISTRAR \ ,TRUE COPY// S o FFICER to',. ,n" Principar Secret? ;3. lLi,'8S1i"',:l*E",',,:? 15i3"#['Bt',\5]t"" R' Deoartment, Dr'B " ieiangana at HYderahad ' Collector, Karimnagar'. D. istrict Karrmnaoar z. iiJ olttti"t -cor a r D i st ri ct e i. iil ; I;i;i I cto. r,, "'s :*HJf. fl'ff [[tS B1! ,? ,';d"' Manr 4. The Tahasildar, l'#if, 3 ti"'" or rera nsa na :'? n. 'lHfft S. +m ZBIT t? ,;agXi'utU;SIES at Hvderabad [OUT] of Telangana at Court for the State Fod HoME' High 7. Tvro'CCs to GP Hvderabad [OUTI KUMAR VEERJALA' Advocate IOPUCI a Ohe CC to SRI PRAVEEN 9. Two CD CoPies SA ( GJP I HIGH COURT DATED:0411212024 I 'f rl E" ( 'Qit. trrN ? trti o ORDER WP. No. 33662 of 2024 DISPOSING OF THE W. P WITHOUT COSTS. {+ \. 6 \,r C"*Ji! ) \g
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