Shaik Ghouse v. The State of Telangana And 2 Others

Telangana HC8 Jul 2025WP/23633/2019

Case brief

AI extract

What is this about?

Writ petition closed; Essential Commodities Act seizure of rice (37.10 quintals) and vehicle TATA Ace TS 10 UB 2258; panchanama dated 31-01-2019; Nizamabad (Deputy Tahsildar Civil Supplies North; Collector (CS)); Article 226 writ of mandamus; Articles 14, 19, 21 invoked in prayer; interim order 29-10-2019 in I.A.No. 1 of 2019 effected release; no order as to costs; miscellaneous applications closed; no adjudication of seizure legality; no precedents cited; no quantum involved.

What did the court decide?

No further relief ordered; the writ petition was closed with no order as to costs after the petitioner's counsel reported that the seized vehicle and stock had already been released pursuant to the interim order dated 29-10-2019 in I.A.No. 1 of 2019; pending miscellaneous applications, if any, stand closed. ¶¶26

Shaik Ghouse Vs The State of Telangana And 2 Others — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the seizure of vehicle TS 10 UB 2258 and 37.10 quintals of rice (panchanama dated 31-01-2019) under the Essential Commodities Act, and the failure to release them despite no irregularity by the petitioner, was arbitrary, illegal, null and void and violative of natural justice and Articles 14, 19 and 21 of the Constitution, warranting release of the vehicle and stock to the petitioner.

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Ratio / Principle

Recording learned counsel for the petitioner's submission that pursuant to the interim order dated 29-10-2019 passed in I.A.No. 1 of 2019 the seized stock and vehicle have been released and no further orders are necessary, the Court closed the writ petition, made no order as to costs, and ordered that pending miscellaneous applications, if any, stand closed. The Court did not adjudicate the legality of the seizure itself.

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Detailed headnote1 paragraphs

High Court for the State of Telangana (Smt Justice T. Madhavi Devi) — WRIT PETITION No. 23633 of 2019 (decided 08-07-2025): Petitioner sought release of his vehicle TATA Ace TS 10 UB 2258 and 37.10 quintals of rice seized through panchanama dated 31-01-2019 with a case registered under the Essential Commodities Act, alleging arbitrariness and violation of Articles 14, 19 and 21. Counsel for the petitioner submitted that pursuant to the interim order dated 29-10-2019 passed in I.A.No. 1 of 2019, the seized stock and vehicle had already been released and no further orders were necessary. Recording this submission, the Court closed the writ petition with no order as to costs and held that pending miscellaneous applications, if any, stand closed. The merits of the seizure were not adjudicated; no precedent was engaged with.

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[^321e ]

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

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TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

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WRIT PETITION NO: 23633 OF 2019

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Between:

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Shaik Ghouse ,^S/o. Abdul Lat6ef, Age. 33 Years, Occ. Business, Owner of Vehicle No TS 10 UB 2258, Rlo. H.No. 9-17-130, Hashmi Cotony, Nizamabad

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...PETITIONER

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AND

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1 The State of -Telangana, rebresented by its Principal Secretary to the Consumer Affairs, Food and Civil Suppiies, Secrdtariat Buildirigs, Hyderabad

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2 The Collector (CS), Nizamabad District, Nizamabad

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J The Deputy Tahsildar Civil Supplies, Nizamabad North, Nizamabad proper and 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 order or direction more parlicularty one in lhe nature of writ of mandamus or any other appropriate writ declaring the seizure of the Vehicle TATA Ace TS 10 UB 2258 and the stock of 37. 10 quintals of Rice of the petitioner, through panchanama, dated 311012019, by registering a 6-4 case under Essential Commodities Act and not releasing the said stock of rice and vehicle, in favour of the petitioner even though the petitioner has not committed any irregularity or illegalities, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of lhe constitution of lndia Consequently, direct lhe respondents to release the Vehicle bearing No. TS 10 uB 2258 and the seized stock of rice of 37.10 quintals in favour of the petitioner, seized through panchanama, daled 311012019

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lA NO: 1 OF 201 I

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Petition under section 1s1 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 to release the vehicle TATA Ace No. TS i0 l.)B 22sg and the stock of Rice of 37.'10 quintals, in favour of the petitioner, seized through panchanama, dated 311012019

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Counsel for the Petitioner: SRl. K VENUMADHAV

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Counset for the Respondents: Gp FOR CML SUppLIES

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The Court made the following: ORDER

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THE HONOURABLE^{SMT JUSTICE T.MADHAVI DEVI}

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WRIT PETITI^{ON No.2s633 0F 2019}

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ORDER:

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Learned. counsel^{for the petitioner submitsthat} pursuant to the interim^{order dated29'lO'2019} passed in I.A.No. I^{of 2019, the stock as well as the} vehicle, which^{have been seizrd, have been released} and therefore,^{no further ordersare necessaryin this}

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writ petition

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Recording the^{above said submission, the writ} petition is closed.^{There shall be no order as to costs'}

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Pending miscellaneous^{applications,if any' shall}

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stand closed.

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SDI S. MALLIKARJUNA^RAO SISTANT REGISTRAR //TRUE COPY// SECTION^OFFICER

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To, cl 1. One CC to^{SRl. K VENUMADHAV Advocate[O}