Sai Kiran Cheerla Vs The State of Telangana

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HIGH COURT FOR THE S ATE OF TELANGANA AT HYOE AD (Special Original Jurisdiction)

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WEDNESDAY, THE TWEN THIRD DAY OF JULY TWO THOUSAND A D TWENTY FIVE

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PRES NT

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THE HONOURABLE SMT J TICE T.MADHAVI DEVI

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WRIT PETITION NO 208260F 2025

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Between:

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Sai Kiran Cheerla, S/o.Ch.Jahangeer, Aged about 27 years, Occ. Owner of Tata PT Lorry Regd.No.AP 28 TD 1467 and Tata LPT Lorry Regd.No. AP 28 TA 7997, R/o.H.No.1-82, Turkapally (V) Shamirpet^(M Medchal-Malkajgiii District

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.....PETITIONER

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AND

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1 . The State of Telangana, Rep. by its P incipal Secretary, Consumer Affairs, Food and Civil Supplies Department, ecretariat Buildings, Hyderabad.

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The Collector (Civil Supplies), Siddip District, lntegrated Collectorate at Siddipet.

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The District Civil Supply Officer, Siddi et District, lntegrated Collectorate at Siddipet.

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The Assistant Civil Supply Officer, Si dipet District, lntegrated Collectorate at Siddipet.

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The Deputy Tahasildar^(CS), Gajwel andal, O/o.DCSO, lntegrated Collectorate, Siddipet District, Integra d Collectorate at Siddipet

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The Station House Officer, Gajwel P ice Station, Siddipet District (CT of RR 2 to 5 are impleaded as p Court Order dated 06-08-2025 in l.A.No.2 of 2025\

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.....RESPONDENTS

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Petition Under Article 226 of the nstitution of lndia praying that in the circumstances stated in the affidavit fil d therewith, the High Court may be pleased to issue an appropriate Writ, Ord I or Direction, more particularly one in the nature of Writ of Mandamus, declarin the action of the Asst Civil Supplies Officer conducting panchanama dated 7 -06-2025 on the ground that the

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JF"ry-

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Petitioner delivering PDS Rice in SWC Godowns without conducting enquiry the 6th respondent registered a case in Cr. No. 269/2025, U/Sec. 318(4) BNS and Sec. 7 of EC Act declaring that rice and paddy are not essential commodities as per the schedlrle correlating to Section 24 of the Essentiat Commodities Act, 1955 and consequently there cannot be any applicability of the provisions of the Act to the storage, movement and transportation of rice with the petitioner owner of the Rice and consequentty the Telangana State Public Distribution System Control Order, 2016 is also inapplicable to the lorries belonging to the petitioner and therefore the seizure of two Lorries together with rice effected by the Asst Civil Supplies Officer in seizing two Lorries Tata LPT Lorry Regd.No.Ap 28 TD 1467 and Tata LPT Lorry Regd.No. AP 28 TA .997 together with 580 quintats of rice under cover of panchanama daled 27 -06-2025 registered a case in Cr. No. 269 of 2025, dated 28-06-2025 is illegal, arbitrary and without jurisdiction and consequently direct the respondents to forthwith release the seized two Lorries Tata LPT Lorry Regd.No.AP 28 TD 1467 and Tata LPT Lorry Regd.No. Ap 28 TA 7997 of the petitioner under cover of panchanama daled 27 -06-202 5 regd in Crime No. 269 of 2025, dated 28-06-2025 to the petitioner, since the said rice and vehicle are not rneant for Public Distribution through fair price shops.

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|.A.NO:1 OF 2025

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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 forthwith release seized two Lorries Tata LpT Lorry Regd. No.AP 28 TD 1467 and Tata LPT Lorry Regd.No. AP 28 TA 7997 of the petitioner under cover of oanchanama dated 27 -O6-2025 mentioned in Crime No. 269 of 2025, daled 28-06-2025 to the petitioner, since the said rice is not. meant for Public Distribution through fair price shops.

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Counsel for the Petitioner : SRt SOMAVARAPU SAWANARAYANA

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Counsel for the Respondent Nos.1 to 5 : GP FOR CIVIL SUppLIES

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Counsel forthe Respondent No.6 : GP FOR HOME

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The Court made the following ORDER

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THE HON'BLE SMT. JUSTI E T. MADHAVI DEVI

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WRIT PETITION No. Oa26 of 2025

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ORDER:

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The Writ Petition is filed s king a Writ of Mandamus declaring the action of the r spondents in seizing^the petitioner's vehicles i.e., TATA LPT orries bearing Regd Nos.AP2B-TD-1467 and AP-28-TA-7997 o the ground of carrying PDS rice in connection with Crime N 269 of 2025 on the file of Gajwel Police Station, Siddipet Dis ict, as^illegaland arbitrary.

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2 Heard learned counsel or the petitioner, learned Government Pleader for Civil Supplies appearing for respondents No.l to 5 and le ed Government Pleader for Home appearing for respondent o.6 and perused the entire material on record.

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.) Learned counsel for the etitioner submitted that in similar circumstances, this Co disposed of W.P.No.657 of 2024 on 09.01.2024 and directe the respondents therein to release the vehicle with some con tions and requested to pass similar order

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2

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Learned Government Pleader for Civil Supplies as well as the learned Government Pleader for Home has not disputed the submission made by the learned counsel for the petitioner.

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5 In view of the above submissions, this Writ Petition is disposed of directing the respondents to release the petitioner's vehicles i.e, TATA LPT lorries bearing Regd Nos.AP-28-TD-I467 and AP-28-TA-7997 subject to the petitioner furnishing bank guarantee b1, way of fixed deposit for a sum of Rs.50,000/(Rupees Fifty Thousand only) each, in favour of respondent No.2 and also furnishing undertaking that he will not alienate the subject vehicles or alter the nature or create any encumbrance on them. The release of the vehicles shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act. 1955. There shall be no order as to costs

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Miscellaneous applications, if any, pending in this writ

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petition, shall stand closed.

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SD/-P. PADMANABHA^REDDY DEPUTY REGISTRAR

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Note : That the cause^{title of the RespondentsNos.2to 4} in the order dated^{23'7 -2025are amended and substituted} as per the orders^{of Hon'bleCourt dated 06-08'2025 in} I.A.No.2 of^2025.

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This Amended order shall^be substituted^{the earlier} order, which has^{already been dispatchedon 24-O7-2025.}

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Sd/-P.PONNA KRISHNA ASSI TANT REGISTRAR //TRUE COPY// \r, ,^{I \Ecnou oFFlcER} 1. The Principal Secretary,^{ConsumerAffairs, FoodandtivilSupplies} . Oeoartment Secretariii^{Buildings.State of Telangana at Hyderabad}

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To

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SA BS

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The Collector (Civil Supplies), Siddip District, lntegrated Collectorate at Siddipet.

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The District Civil Supply Officer, Sidd pet Diskict, lntegrated Collectorate at Siddipet.

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The Assistant Civil Supply Officer, Si dipet District, lntegrated Collectorate at Siddipet.

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6 Th D p Utv Tah a S dat (CS L, aJw a nda o o D C So nteg ta d Co ectofa S dd p D Stri ct n eg(a ed c ctorate a S dd pet

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6 Th J ta tion H o U Se offi cef a we P ice Station, Siddipet District 7 Two CCs to GP FOR (- L S U PPL ,^High Court for the State of Telangana at Hyderabad. [OUT]

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