Disposed

Shaik Parvez v. The State of Telangana

Telangana HC11 Sept 2024WP/13954/2024

Case brief

AI extract

What is this about?

Vehicle owners challenged seizure of their vehicles and 12,180 bags (406 tonnes) of rice under a panchanama in connection with a crime at Bhanoor Police Station. Following the court's earlier order in W.P.No.30601 of 2023, the writ petition was disposed of granting liberty to raise all grounds in proceedings under Section 6-A of the Essential Commodities Act.

What the court decided

AI extract

Shaik Parvez Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[³³⁰² ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 13954 OF 2024

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Between:

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1 Shaik Parvez, S/o. Miya chand, Aged about 32 years, Occ owner of Eicher vehicle Bearing No.TS 12UD 3374, R:/o.No.14-20-287, pandith Nehru Nagar, Borabanda, Balanagar, Ranga Reddy District.

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2 Rathlavath Sharadha, W/o. Rathlavath Gopal, Aged about 32 years, Occ Owner.of Eichgr p1o vehicle bearing No.TS 07 UIvL6097, R/o. Z-9i, Sangam Polkonigutta f_hgnda, Keshampet Mandal, Sngam, I\rlahabubnagar

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3 lVlohamm_ad Mahaboob, S/o.Mohd Chute Sahab, Aged about^-39 years, Occ Owner of Eicher vehicle bearing No.TS 12 UC 2350, Rl/o.No.3--5i, chinna lVangalaram, Moinabad, Ranga Reddy District.

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4 Zubaur Ahmed, S/o. Abdul Raheem, Aged about 28 years, Occ Owner of Mahindra vehicle bearing No.TS 16 tJD 4277, Rlo.'12-04-79, Arsapally, N izamabad.

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5 Gouse Pasha, S/o. Mohammed Masur, Aged about 28 years, Occ Owner of Eicher vehicle bearing No.AP^'12 V 8716, eUo. 11-1-171, Chandra Shekar Colony, Subhash Nagar, Nizamabad.

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...PET|TIONERS

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AND

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

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The Collector (Civil Supplies), Sangareddy District, lntegrated Collectorate, At Sangareddy.

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Thq District Civil Supply Officer, Sangareddy District, lntegrated Collectorate, At Sangareddy

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- I|" Assistant Civil Supply Officer, 0/0 District Civil Suppty Office, Sangareddy District, lntegrated Collectorate, At Sangareddy.

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The Deputy Tahasildar (CS), BDL Bhanur Mandal, O/o DCSO Office, lntegrated Collectorate, At Sangareddy.

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The Station House Officer, BDL Bhanur Police Station, Sangareddy 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 Fifth Respondent in seizing Eicher vehicle Nos. TS 12 UD 3374, TS 12 UC 2350, AP 12V 8716,

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Eicher^pro vehicle^{bearing No.TS 07 uM 6097 and Mahindravehlclebearing} No.TS16UD4277togetherwith,l2,1B0Bags(406Tonnes)ofRiceon 15.O4.2024, case^{in crimeNo.127of 2024, dated 15.04.2024on the ground that} the without any^{reasonS Seized the empty vehicles (without any load), as the same} is illegal, arbitrary and^{without jurisdictionand set aside the same and} consequently direct^{the respondentsto releasethe seized Eichervehicle Nos TS} 12UD3374, rS 12 UC^{2350, AP 12v 8716, Eicherprovehicle bearing No.TS07} uM 6097 and lrrlahindra^{vehicle bearingNo.TS 16UD 4277 on15.04.2024,casein} CrimeNo'127of2024,dated15.04.2024,pendingdisposaloftheabovewrit petition.

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lA NO: 1 OF 2024

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Petition under Section^{151 CPC prayingthatin the circumstancesstated in} the affidavit^{filed in support of the petition,the High court may be pleased to direct} the respondents to^{releasethe seized Eicher vehicle Nos. TS 1zUD 3374, TS 12} UC2350,AP12V8716,EicherprovehiclebearingNoTS07UM6097and Mahindra vehicle bearing^{No.TS 16 UD 4277 on 15.04.2024,case in crime} No.127 of 2024. datecj^{15.04.2024, pending disposalof the above v/rit petition.}

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Counsel for the Petitioner:^{SRI SOMAVARAPUSATYANARAYANA} Counsel for the Respondent^{Nos.1 TO 5: GP FORCIVILSUPPLIES} Counsel for the Respondent^{No.6:GP FOR HOME}

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The Court made the following:^ORDER

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1 )

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\ )

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THE HON'BLE SRI.JUSTICE K.SARATH

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WRIT PETITION No.13954 of 2o24

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ORDER:

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This Writ Petition is hled questioning the action of the respondent No.5 in seizing l2,I8O bags (4O6 Tonnes) of rice of the petitioners under cover of panchanama in connection with Crime No.I27 of 2024, dated 75.04.2024

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of Bhanoor Police Station, Sangareddy District.

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Heard Sri Somavarapu Satyanarayana, learned

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Counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies and the learned Assistalt Government Pleader for Home appearing for the respondents and perused the material on record.

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The learned counsel appearing for the petitioner submits that in similar circumstances this Court disposed of the W.P.No.306O1 of 2023 on 23.08.2024 granting liberty to the petitioner to raise all the grounds in the proceedings under Section 6-A of the Essential

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sr,J W.P.No.73954 of 2024

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Commodities Act, 1955, pending against the petitioner therein arrd requested to pass similar order.

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In view of the submissions made by the learned counsels on both sides and for the reasons alike in the order dated 23.08.2024 passed in W.p.No.30601 of 2023, the writ petition is disposed of, by granting liberty to the petitioner to raise all the grounds in the proceedings under Section 6-4. of thc EC Act. There shall be no order as costs

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In vier,v of disposal of main rvrit petition, interlocutory applications, ii any pending ir this writ petition shall stand closed.

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SD/- L. SIVA PARVATHI ASSISTANT REGISTRAR

,TRUE COPY//

SEC N OFFICER

The Principal Secretary, Consumer Affairs, Food and Civil Supplies Secretariat Buildings Hyderabad, State of Telangana.

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The Collector (Civil Supplies), Sangareddy District, lntegrated Collectorate, At Sangareddy.

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The District Civil Supply Officer, Sangareddy District, lntegrated Collectorate, At Sangareddy

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The Assistant Civil Supply Officer, 0/0 District Civil Supply Offit;e, Sangareddy District, Integrated Collectorate, At Sangareddy.

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The Deputy Tahasildar (CS), BDL Bhanur Mandal, O/o DCSO Office, lntegrated Collectorate, At Sangareddy.

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The Station House Officer, BDL Bhanur Police Station, Sangareddy District

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One CC to SRI SOMAVARAPU SATYANARAYANA, Advocate IOPUC] 8. Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana, at Hyderabad. [OUT]

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I Two CCs to GP FO R HOI\4E, High Court for the State of Telangana, at Hyderabad. [OtJT]

1 0. Two CD Copies

PSK. GJP

HIGH COURT

DATED:1 110912024

ORDER

WP.No.13954 ot 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS. (,L

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ffil>t I\ ceq-'"q),

Shaik Parvez v. The State of Telangana

Case brief

What is this about?

What the court decided

Shaik Parvez v. The State of Telangana

Case brief

What is this about?

What the court decided

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