Dandempally Naresh, Vs The State of Telangana

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t 327e1

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

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MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEV!

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N NO: 24467

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Dandempally Naresh, Son of Ananthaiah, Aged about 24 years, Occ. Driver and Business, Rl/o.Baronibanda Village of Shali Gowraram (M) Nalgonda dist

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...PETITIONER

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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), Nalgonda District, lntegrated Collectorate, At Nalgonda.

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The District Civil Supply Officer, Nalgonda District, lntegrated Collectorate, At Nalgonda.

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The Assistant Civil Supply Officer, O/o District Civil Supply Office, Nalgonda District, I ntegrated Collectorate, At Na lgonda.

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The Tahasildar (CS), Madgulapally Division, O/o DCSO Office, ntegrated lectorate, At Nalgonda.

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The Station House Officer, P.S. Madgulapally, Nalgonda District.

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..RESPONDENTS

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Petition under Artible 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 Wiit ot Mandamus, declaring the action of the Deputy Tahasildar seized under cover of panchanama dated 18,03.2022 on the ground that the Petitioner unlawfully transporting Public Distribution Rice and gaining huge profits the 6th respondent registered a case in Crime No. 20 Ot 2022, dated 18-03-2022 declaring that rice and paddy are not essential commodities as per the schedule correlating to Section 24 of the Essential Commodities Act, 1955 and

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consequenfly there cannot be any applicability^{of the provisions of the Act to theF} storage, movement and transportation^{of rice with the petitioner owner of the Rlce} and consequently the Telangana State^{Public Distribution System ControlOrder'} 2016 is also inapplicable to the rice belonging^{to the petitioner and thereforethe} seizure of the DCM vehicle together with^{rice effeLtedby the DeputyTahasildar in} seizing DCM Vehicle bearing Regn.^{No. TS 29 T 1122togetherwith 110 quintals} (220 plastic bags (Each Bag 50 Kgs) of rice under cover of^{panchanamadated} 18.03.2022 registered a case in Crime No. 20^{Ot 2022,dated18-03-2022is} illegal, arbitrary and without^{jurisdiction and consequently direct the respondents} to forthwith release the seized 110^{quintals (220 plastic bags (Each Bag 50 Kgs)} of rice of the^petitioner on under the cover of^{panchanamadated 18.03.2022} seized in Crime No. 20 Ot 2022, dated 18-03-2022^{to the petitioner, sincethe said} rice and vehicle are not meant for Public Distribution^{throughfair price shops.}

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:1OF20

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Petition under Section 151 CPC^praying that^{in the circumstancesstated in} the affidavit filed in support of the^{petition,the High Court may be pleasedto} direct the respondents to forthwith release^{seized 1 10 quintals (220 plasticbags} (Each Bag 50 Kgs) of rice of the petitioner under cover of^panchanama dated 18.03.2022 seized in Crime No. 20 Of 2022, dated^{18-03-2022to the petitioner'} since the said rice is not meant for Public Distribution^{throughfair price shops.}

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Counset for the Petitioner : SRI SOMAVARAPU^{SATYANARAYANA}

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Counsel for the Respondents No.1to5 : GP FOR CML^SUPPLIES

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Counsel for the Respondents No.6 : 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 PETITION No.24467 of²⁰²⁵

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ORDER:

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Learned counsel for the^{petitioner seeks permission of this} Court to withdraw this Writ^{Petitionwith liberty to challengethe} proceedings under Section 6-4 of the^{EssentialCommodities Act,} 1955 before the appropriate authority"

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