Disposed

M/s Arush Enterprises and 2 Others v. The State of Telangana and 4 Others

Telangana HC21 Oct 2021WP/25911/2021

Case brief

AI extract

What is this about?

High Court at Hyderabad disposed of a writ petition challenging the seizure of damaged rice stocks and vehicles. The Court directed the 2nd respondent to verify representations and release the stocks within four weeks.

What did the court decide?

Petition disposed by directing the Collector to verify representations and release seized stocks within four weeks.

M/s Arush Enterprises and 2 Others Vs The… — Pension and Retirement Benefits | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY ,THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI

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WRIT PETITION NO: 2s 911 0F 2021

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Between:

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1 Mis Arush Enterprises, H.No. 2-2'18, Plot No. 8M. Hanuman Nagar, Manikonda, Rajendranagar, R R. District 500089 Rep.by its Proprietor Raj Kumai S/o Vishwanath, Aged about 46 years, Occ. Business, Ryo H.Nb.2-2-10, Hanuman Nagar, lVanikonda, Gandipet, Ranga Reddy District.

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2 Devraj, S/o Nathabhai Shamla, Aged about 43 years, Occ. Owner of the Vehicle Lorry Bearing No.GJ25U9195, R/o Phalkada, Porbandar, Porbandar Dist., Gujarath State.

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3 lVd. Hakeem, S/o. Mohammed lVliyan, Aged 45 years, Occ. Owner of the Vehicle !9ry^{bearing No. MH46F4255, R/o 10-66, GaneshWadi Tippu SultanChowk} Chitguppa Tq. Humnabad, Brdar, Karnataka State,

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...PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies, T.S. Secretariat Buildings, Hyderabad.

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The Collector (CS), Sanga Reddy District, Sanga Reddy.

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The Deputy Tahsildar (CS), Sadashivpet Mandal, Sadashivpet, Sanga Reddy Diskict.

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The Assistant Civil Supply Officer, Sadashivpet, Sanga Reddy District.

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The Station House Officer, Sadasivpet P.S., Sanga Reddy District.

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...RESPONDENTS

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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 appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in seizing the rice 300, Quintals (30 Tonnes) and 250 Quintals (30 Tonnes) (Total 550 Quintals 1354 bags) along with Vehicles Lorry bearing No. GJ25U9195 and Lorry Bearing No. [MH46F4255 of the petitioners by conducting the panchanama ol 1410812021 in Crime No. 23112021 dated 1410812021 is illegal, improper and without any power or authority under law, and violation- of Articles, 14, 16 and t 9(t Xg) of the Constitution of lnd ia.

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lA NO: 1 OF 2021

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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 release the seized stocks of rice 300 Quintals (30 tonnes )and 250 Quintals (30 Tonnes) (Total 550 Quintals 1354 bags ) along with Vehicles Lorry bearing No. GJ25U9195 and Lorry Bearing No. I,4H46F4255 the petitioners under cover of panchanama of 1410812021 in Crime No.23112021 dated 1410812021 pending disposal of the main Writ petition.

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Counsel for the Petitioners: SMT. C. SUNITHA KUMARI Counsel for the Respondent Nos.'t to 4: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.S: GP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.259ll of2$21

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ORDER:

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This writ petition is being disposed of at the admission stage with the consent of both parties.

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This writ petition is filed by the petitioners seeking to declare the seizure of stocks of 1354 bags (550 quintals) of damaged rice along with two vehicles i.e., lorries bearing Nos.GJ25U9l95 ancl MH46F4255 of the petitioners by the 5'h respondenr in Cr.No.23 I of 2021, as illegal and consequently to direct the respondents to release the seized stocks.

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l{eard Smt. C. Sunitha Kuntari, counsel tbr the petitioners, ancl the Government Pleader for Civil Supplies appearing tbr the respondents.

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It is the case ofthe petitioners that the 5th respondent has seized stocks of 1354 bags (550 quintals) of damaged rice along with two vehicles i.e., lorries bearing Nos.GJ25U9195 and MH46F4255 of the petitioners on the strength of panchanama dated 14.O8.2OZl relating to Cr.No.23 l of2021. It appears the seized stocks of 1354 bags (550 quintals) of damaged lice was purchased by the petitioners in the auction conducted by Chiel Rationing Officer, Hl,derabad which is not the subject matter of any confiscation lt is not for this Courl to go into the merits of the case and examine the records. Hence, this Court

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(

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feels that it is appropriate to pass a direction^{to the 2'd respondent} -

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The Collector, to pursue the matter.

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In view of the facts and circumstances of the case, the^Writ Petition is disposed of directing the^{2ndrespondent} -^{the Collector,to} hear the petitioners and also verify the material that^{is to be placedby} the petitioners if any and the 2nd respondent -^{The Collector', if} satisfred, shall release the subject stocks^{urlcollditionally. This} exercise shall be completed^{withina period of lour weeksf'r'orn the} date of receipt of a representation^{from the petitionersrequestirtgto}

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release the subject stocks. No ordet'as^{to costs.}

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Pending miscellaneous^{petitions, if any, shallstand closed.}

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SD/.I,NAGALAKSHMI ASSISTANT^REGISTRAR

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//TRUE COPY//

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SECTION^OFFICER

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To, 1 The Princioal Secretary, Consumer Affairs' Food and Civil Supplies' ' Ail"t. i'i'i5iiroi.r, i.5. Secretariat Buildings, Hvderabad' z. ir,?-co-rr""ioi [CSj,'^{srng,Reddv District, sangaReddv'} :. iii; D;ili,/i;["iroil tcs,^{dr'ii'fri,iii,iivt*oit,Sadaihivpet'SansaReddv} District. \ +. ihi nssistant^{CivilSupply Officer,Sadashivp-et' SangaRe{dyDistrict'} e. +# siri;;'tioljiu^{oiiii"i,-sioasivpetP S" s-angaReddv District'} 6. o.;-CC i;^{smt. C Sunittri KumariAdvocate} [oe.pc] ;. i;; cc.^{jo cFtor. Civil'Supplies,High Court ior the state of relangana} at Hvderabad. [OUT]

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a. i*o'd6. to cilol^{iror", High Courtfor the State of Telangana} at Hyderabad. [OUT]

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Two CD^CoPies

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One SPare^CoPY SITI

HIGH COURT

DATED:2111012021

ORDER

WP.No.25911 ol 2021

K\E STA r€
'(
oo |01 ilo\I1i:1

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DISPOSING OF^{THE WP} WITHOUT COSTS

M/s Arush Enterprises and 2 Others v. The State of Telangana and 4 Others

Case brief

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M/s Arush Enterprises and 2 Others v. The State of Telangana and 4 Others

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