WritAppeal challenging an order granting interim custody of seized rice and vehicles. The Single Judge allowed release subject to bank guarantee. This Court did not interfere.
The Writ Appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY .THETWENTY FOURTH DAY OF IUARCH
TWO THOUSAND ANDTWENTY TWO
PRESENT
HONOURABLETHE CHIEFJUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLESRIJUSTICE ABHINAND KUMAR SHAVILI
WRIT AP PEAL NO:1 s8 0F 2022
Writ Appealunderclause 15 of the Letters PatentAppeal pre{erre-d.aOginst the order dated23to2t2o2i*;;"Jin w. p.No. 8978of 2022on the file of the High Court.
Between:
...A''ELLANTS
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3.The Deputy Tatrsitoar' (CivilSupplies)' Huzurnagar' Suryapet District' 4. TheStation nout" ]ffi""'' Huzurnagar PoliceStation' Suryapet District' officer,uppar circle, Medchal-Malkaigr:ff::1,
5.The Assista* "r,,]ror,"s
Counsel for the Appellants:SRl. CH.RAVINDER
Counsel for the Respondent Nos. 1 , 2, 3 & 5: Gp FOR CIVIL SUPPLIES
Counsel for the Respondent No. 4: Gp FOR HOME
The Court delivered the following:
THE HON' THE CHIEF JUS CE TISH RA IMA AND SHAVILI THE HON'BLE SRIJUSTICEABHINAND
WRIT APPEALNo. 198 of 2022
JUDGMENT: (Per the Hotl'blethe ChiefJustice SatishChandraSharnla)
The presentwrit appealis arising out of an order dated 23.02.2022 passed by the learned Sing1e Judge in W.P.No.8978o12022.
The factsof the case revealthat the writ petition was preferredby the appellants/writ petitioners seeking a writ of mandamusdeclaring the seizure of 500 quintalsof rice andthe vehicresbearingNos.Ap 24 TA 6gs8and AP 24 Tc 5388inconnectionwith Crime No'15 of2022 dated lg.or.2o22,asarbitraryand i,legal.It was brought to the noticeof the learned SingleJudge that a crimina-l case has beenregistered and the vehicles as well as stock have been seizedpending enquiry underSection 6-A of the Essential CommoditiesAct' 1955' The learnedSingleJudge'placing relianceupon the judgmentdelivered in similar facts and circumstarcesi'e''W'P'No'23826of 2009 and batch' decidedon 30'04'2021'has directedthe appellants/writ
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petitioners to submit an application for release of vehicles and the respondent No.2 has been directed to obtain valuation certificates from the Motor Vehicle Inspector concerned. The release of the vehicles has been permitted subject to furnishing a bank guarantee for the equal sum.
In the considered opinion of this Court, the impugned order is onry an order granting interim custodv of the vehicles and the interest of the State is aiso required to be protected. Therefore, this Court does not find any reason to interfere with the order passed by the learned Single Judge.
The writ appeal is accordingly dismissed. The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
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//TRUE COPYII To, 1 sEcroN oFFrcER 2. ffJ#?"'tfllsffi i?l;f,[::r,,;,,8:yft,,," J. - State or rerangana' 4. iI: SS:A:: ror Home, Hish court ror rhe state f Telangana. [OUT] PM
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HIGHCOURT
DATED:2410312022
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JUDGMENT
WA.No.198 ot 2022
Dismissing the WA. Without costs.
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2 issues framed by the court
Whether this Court should interfere with an order granting interim custody of seized vehicles and stock pending enquiry under Section 6-A of the Essential Commodities Act, 1955.
Whether the requirement to furnish a bank guarantee and obtain valuation certificates while maintaining interim custody infringes on the rights of the appellants.
Colour shows how this judgement treated each authority
W.P.No.23826of 2009Distinguished¶27
1 provisions across 1 enactments
R.S. Traders
Zonal Officer-cum-Deputy Director, Supplies
Deputy Tender Officer (Civil Supplies)
Station House Officer
Assistant Director
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
