Vydyanath Jamedar Vs The State of Telangana

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[³²¹⁹¹

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

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THURSDAY ,THE FIRST DAY OF MAY TWO THOUSANDAND TWENW FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE^{T.MADHAVI DEVI}

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WRIT PETITION NO: 13885 OF 2025

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Between:

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1 Vvdvanath Jamedar, S/o Dudappa,^{age.40 years, Occu.BusinessProp.} Bitdii Traders, Whole saleand^{Retail- Grain'Merchant, Sy.no.319, Natraj} naqdr, Raiendra nagar, Telangana^{-500 030}

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2 Na"ngesh^'Samat, S7o Polabh-ai,age.55^{years, Occu. ownerof lorry,R/o Jam} nagar, Baradia.Gujarat state- 361335

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...PETITIONERS

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AND

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The State of Telangana, Rep.by Principal^{Secretary, ConsumerAffairsFood} and Civil Supplies, T.S. Secretaiiat^{Buildings, Hyderabad}

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The District Collector,^(Civil supplies),^{Sangareddy district.}

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The Station House Officer, Poiiie^{Station, Kollur Cyberabad Commissionerate} 4. Commissioner of Police, Cyberabad^{CommissionerateOffice at Gachi Bowli,} HYderabad

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...RESP.NDENTS

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Petition under Article 226 ol lhe^{Constitutionof lndia praying that in the} circumstances stated in the affidavit^{filed therewith, the High Courtmay be} pleased to issue an order, direction or writ more^{particularlyone in the nature of} Writ of Mandamus.declaring the^{action of the 2nd and 3d respondents in not} releasing the seized: Rice of 290^{quintals belongs to the 1"t petitioner and a} Lorry beairng no. GJ37T6414 belongs^{to the 2nd petitioner which was seized} under cover of^panchanama in^{connectionwith crimeno.1 1 of 2025 daled.} 08-1-2025 of Police station^{Kollur,sangareddydistrict 3rd respondentherein} inspite of orders^passed by^{the learned lvAdditionalsessions Judge,} Sangareddy vide orders dated.27-3-2025^{in Criminal} ,Appeal^{No'08of 2025} inspite of knowledge of the said^{orders and the same is communicatedto them} through a letter dated.T-4-2025^{(2ndrespondent)and dated '204-2025(3'd} respondent) under acknowledgment^{and wrongfully withholdingthe aforesaid} Rice and Lorry, Consequently^{to direct the2nd 'and 3'd respondentsto release}

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the seized Rice of r2g0 quintars to the 1st petitioner and a L.rry bearing no. GJ37T6414 to the rrnd petitioner As per the orders of rearned rV Additionar Session Judge, Sangareddy in CRLA no 0B ot 2025 dated.27.3.2025 ,

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lA NO: 1 OF 2025

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Petition under section 1s1 cpc praying that in the circurrstances stated in the.affidavit filed in support of the petition, the High court ma,/ be preased to direct. the respondents No s 2 and 3 to rerease the rice quantity of 2g0 quintars along with Lorry bearing no GJ37T6414 to the petitioners as per the orders dated.27 -03-2025 passed by rearned rV Additionar Sessions Judge, sangareddy in CRLA no. 08 of 11025 pending disposat of Writ petition

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Counsel for the Petitioner: SRl. DASI RAMESH

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Counsel for the Respondent Nos. 1&2: Gp FOR CIVIL SUPPLIES

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Counsel for the Respondent Nos. 3&4: Gp FOR HOME

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The Court made the following: ORDER

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THE HON'BLE^{SMT. JUSTICE T. MADHAVIDEVI}

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WRIT PETI^{TION No.l3885oI2O25}

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I ,

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ORDER:

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This Writ^{Petitionis filed seeking a declaration that the action} of respondents^{No.2 and 3 in not releasingthe seized rice of 290} quintals belonging^{to petitionerNo' 1 and the torry bearing No'} GJ3TT64l4belonging^{to petitioner No'2' whichwereseizedunder the} cover of^{panchanamain connectionwith Crime No' 1 I of 2025on the} file of Kollur^{Police Station,SangareddyDistrict' in spite of the orders} of the IV^{AdditionalSessionsJudge, Sangareddy'in CriminalAppeal} No.8 of 2025,^{as illegal and arbitrary'}

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Leamed^{counselfor the petitioners submitted that vide orders} under Section^{6-4 of the EssentialCommoditiesAct' 1955' the stock} of rice as^{well as the vehicle were seizedand confiscated' andthe} petitioners^{have preferred a criminalappeal beforethe IV Additional} Sessions^{Judge, Sangareddy, and vide iudgmentdared2T'03'2025 in} Crl.Appeal^{No.8 of2025, rhe IV AdditionalSessionsJudge'} Sangareddy,^{has directed the respondentstherein to release of the} vehicle as^{well as rice' Leamed counselfor the petitioners submitted} that the^{petitionershave also brought the said judgment to the notice}

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t I

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\f-:-'..1 \t'

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of respondent Nri.l urde representation dated^{07.04.1()'-5ard yet the} stock of rice anc the vehicle have^{not beenreleased so far.}

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Leamed Assistant Govemment^{Pleaderfor Civil Supplieg,} appearing for respondents No.1 and^{2, is also heard.}

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Having rep,ard to the fact that the decision ofthe^{Sessions Judge} in Crl. Appeat No.S of 2025 is in^favour of^{the petitionel and the} direction was to the release of^{vehicleand the stock, but thtr inaction} on the part of respondent No.3 in^{takingany actionis clearlyillegal} and arbitrary. T'rerefore, this Court deems it fit^{and properto direct} respondent No 2 to release the stock of rice^{and tht: vehicle} immediately unless there is any other order^{by the appellate authority} staying the order of the Sessions Judge.

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With the :rbove directions, this Writ^{Petition is disposed of.}

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There shall be no order as to costs.

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Miscellaneous applications, if any,^{pending in this rvrir. petition,}

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shall stand clo:;erl.

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SD/. N.RAJAGOPAL DEPUTY REGISTRAR ,,} //TRUE COPY// i- \ SEC'NON OFFICER

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To,

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The Principal Secretary, Consumer Affairs Food and Civil Supplies, T.S. Secretariat Buildings, T.S.,Hyderabad

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The District Collector, (Civil supplies), Sangareddy district.

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The Station House Officer, Police Station, Kollur Cyberabad Commissionerate 4. Commissioner of Police, Cyberabad Commissionerate Office at Gachi Bowli, Hyderabad

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