Disposed

Pastham Kanukaiah v. The State of Telangana

Telangana HC8 Apr 2021WP/8924/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging the seizure of PDS rice during the admission stage. Directions were issued to expedite enquiry under the Essential Commodities Act and release the seized stock against a bank guarantee until final disposal.

What did the court decide?

Release of seized rice stock pending finalisation of enquiry proceedings against a bank guarantee equivalent to its value.

Pastham Kanukaiah Vs The State of Telangana — Property and Title | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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THURSDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T. VINOD KUMAR

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WRIT PETITION NO: 8924 OF 2021

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Between:

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Pastham Kanukaiah, S/o. Gangaram, Age 42^years, Occ:^Business, Bedabudigajangam, Rl/o Gunjapadugu Village, Jagtial District,^T.S. 2. Pastham^- Sammaiah, S/o. Gangaram, Age 35^{years, Occ:Business,} Bedabudigajangam, Fl/o Guniapadugu^Village, Jagtial^{District,T'S.} 3. Thurpati^- Thirupathi, S/o. Masthan, Age 40^years, _Occ:^Business, Bedabudigajangam, R/o Gunjapadugu^Village, Jagtial^{District, T.S.}

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..,PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal^{Secretary,CivilSupplies} Department, Secretariat, Hyderabad.

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The Joint Collector ( Civil Supplies), Jagtial, Jagtial,^{District T.S.}

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The Nayak Tahsildar (Civil Supplies), I/alyal of Golapalli^{Mandal, Jagtial District}

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The Station House Officer, Police Station Gollapalli,^{JagtialDistrict, T.S.}

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of^{lndia praying that in the} circumstances stated in the affidavit filed^{therewith, the High Court may be pleased to} issue a writ, order or direction more^{particularlyone in the nature of writ of} Mandamus, declare the action of the^{Respondent No.4, in seizerof 880 bags} weighing about 340 Qts. Of PDS Rice from the^{Petitioners,at Bedabudigajangam} Colony, of Gunjapadugu Village, Jagtial District, T.S.^{vide FIR No. 261 of 2020, dated} 12111t2O20, of PS Gollapalli, of Jagtial District, T.S., under^{Section420 of IPC and} Section 7 of Essential commodities Act, is as illegal, arbitrary,^{improper and without} jurisdiction and in violation of Article 14 and 19 (1) (g) of the Constitutional of lndia and consequently direct the Respondent No. 2 and 3^{to releasethe above said stock} of BB0 bags weighing about 340 Qts. Of PDS rice seized vide^{FIR No.261 of 2020,} dated 12.1 1.2020, in favor of the Petitioners herein.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^praying that^{in the circumstancesstated in the} affidavit filed in support of the^{petition,the High Court maybe pleased to directthe} Respondent No.2 and 3 to release the^{above said stock of 880 bagsweighingabout} 340 Qts. of PDS rice seized^{vide FIR No.261 0f 2020dated 12.1 1.2020,in favor of} the Petitioners herein.

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Counsel for the Petitioner:^{SRl.BOGGULA RAJU}

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Counsel for the Respondent^{Nos.lto 3: GP FOR CIVIL SUPPLIES}

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Counsel for the Respondent^{No.4: GP FOR HOME}

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The Court at the stage of^{admissionmadethe following:ORDER}

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THE HON'BLE SRI JUSTICE T. VINOD^KUMAR

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Writ Petition No.8924 of 2O2l

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ORDER:

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Heard the learned counsel for the^{petitioners,the} learned Government Pieader for Civil Supplies^{and learned} Government Pleader for Home.

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With the consent of both the^{parties, the rvrit petitionis} disposed of at the admission stage.

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Aggrieved by the action of the 4th respondent in^seizing the PDS rice of 340 quintals belonging to the^petitioners on under Panchanama drawn up by the 3'a respondent 12.11.2020 in connection u,ith Crime No.261 of 2O2O ol Gollapalli Police Station, Jagtial District, on the ground that iliegal hoarding of PDS rice is being done^at Bedabudigajangam Colony of Gunjapadugu Village, Jagtial District, , the present writ petition is filed.

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It is fairly submitted by learned counsel for petitioners and learned Government Pleader for Civil Supplies, enquiry under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act) and prosecution in the crime is yet to commence.

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Learned Government Pleader for Civil Supplies u,ould further contend that in similar circumstances, this court in .W.!. No. 4529 of 202 1 directed the reiease of seized quantity

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of rice on furnishing bank guarantee equivalent to the value of the seized quantity of rice.

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It appears that rice was seized on the ground that petitioners \/ere 1n illegal possession of PDS rice at their houses, mealrt for supply to poor at subsidized rate by purchasing the same from card holders and selling the same at higher prices in the market; thereby cheating the people and the Government, therefore, liable for penal action.

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Enquiry under Section 6-A of the Act and investigation/ prosecution into the crime registered against petitioners may take considerable time. In the meantime, as the seized material being rice, the same is susceptible to turning into broken rice if stored for longer, and cannot be used for the purpose intended.

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In vieu,- of the same and having regard to the facts and circumstances of the case, without expressing any opinion on merits, the writ petition 1S disposed of directing the respondents concerned to -

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(a) finalize proceedings under Section 6-4. of the Act expeditiously, preferably within a period of 1O (ten) weeks from the date of receipt of copy of this order;

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(b) pending finalization of proceedings under Section 6-A of the Act, as rice is a^{perishableitem,}

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respondents concerned, as the case may be, are directed to release the stock of rice subject to the petitioners furnishing bank guarantee equivalent to the value of quantity of rice seized as quantified by competent authority:

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(c) The release of the material seized sha1l be subject to the orders to be passed in the enquiry under Section 6-4, of the Act/prosecution of Crrme No.26 1 of 2O2O of Gollapalli Police Station.

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Pending miscellaneous petitions, if any, shall stand

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closed.

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SD/.K.VENKAIAH ASSISTANT GISTRAR //TRUE COPY// SECTI ON FICER

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To,

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The Principal Secretary,^{Civil Supplies Department, State of Telangana'} Secretariat. Hvderabad.

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ihe Joint ioll6ctor⁽ Civil^{Supplies), Jagtial, Jagtial, District T.S.} 5. fne fliyif fahsilda'r(Civil^{Su'pplies),ttlalyalofGolapalliMandal, JagtialDistrict} T.S.

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The Station House Officer,^{Police Station Gollapalli, JagtialDistrict,T'S'} 5. One CC to Sri Boggula^{Raiu,Advocate} [OPUC] O. two CCs to GP fo-ioivil^{Supplies, High Court for the State of Telanganaat} Hyderabad. [OUT] \ Z. f ivo-Cfs to'Cp t6r Home,^{High Court for the State of Telangana at Hyderabad.} lourl B. Two CD Copies CHR <sup>j---

HIGH^COURT

DATED:0810412021

ORDER

W.P.No.8924^{of 2021}

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iti i; STA ,{.
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DISPOSING OF THE WRIT^PETITION AT THE STAGE OF^ADMISSION WITHOUT COSTS

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4 1,<br>w"..,|

Pastham Kanukaiah v. The State of Telangana

Case brief

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Pastham Kanukaiah v. The State of Telangana

Case brief

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