Allowed¶37

Sandeep Sura v. The State of Telangana

Telangana HC28 Oct 2025WP/32351/2025

Case brief

AI extract

What is this about?

Telangana High Court writ petition allowed; release of seized 54.15 quintals of rice, vehicle TS 19 T 8902 and cell phones seized in F.I.R. No. 111 of 2025, P.S. Dahegaon, Kumuram Bheem Asifabad District dated 09-09-2025; DMO TGSCSCL reports dated 11.09.2025 and 14.10.2025; no FRK grains found; rice held not to be PDS rice; seizure and non-release held unsustainable; mandamus under Article 226; Justice T. Madhavi Devi; Civil Supplies; no costs.

What did the court decide?

Release of the seized stock of 54.15 quintals of rice, the vehicle bearing No. TS 19 T 8902 and the cell phones, forthwith; no order as to costs; pending miscellaneous petitions, if any, stood closed. ¶37

Sandeep Sura Vs The State of Telangana — 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 54.15 quintals of rice from petitioner No. 1, two cell phones from his gumasthas, the vehicle bearing No. TS 19 T 8902 and a cell phone of petitioner No. 2, and their continued detention, was illegal and arbitrary, and whether the seized articles are liable to be released. +1 more

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Court's answer

The respondents are directed to release the seized stock of rice, the vehicle and the cell phones forthwith; the writ petition is accordingly allowed, with no order as to costs.

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Ratio / Principle

The reports dated 11.09.2025 and 14.10.2025 are not at variance with each other; since it has been observed and found that the seized rice is not PDS rice, the same is liable to be released.

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Detailed headnote1 paragraphs

High Court for the State of Telangana (Writ Petition No. 32351 of 2025, decided 28-10-2025, Justice T. Madhavi Devi): The petitioners challenged the seizure of 54.15 quintals of rice from petitioner No. 1, two cell phones from his gumasthas, the vehicle bearing No. TS 19 T 8902 and a cell phone of petitioner No. 2 in F.I.R. No. 111 of 2025 of P.S. Dahegaon, Kumuram Bheem Asifabad District, dated 09-09-2025, and their non-release. Counsel for the petitioners relied on the DMO, TGSCSCL report dated 14.10.2025 finding no FRK grains, i.e., that the rice is not PDS rice, following which a representation dated 17.10.2025 to the District Collector went unacted upon. The Government Pleader produced written instructions enclosing a DMO report dated 11.09.2025 stating the suspected PDS rice stock exceeded FAE specification limits, but that report likewise recorded no FRK grains. Holding that the two reports were not at variance and that the seized rice was not PDS rice and therefore liable to be released, the Court directed the respondents to release the rice, the vehicle and the cell phones forthwith, allowed the writ petition with no order as to costs, and closed pending miscellaneous applications.

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[^321e ]

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IN THE HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

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TUESDAY,THE TWENTY^{EIGHTHDAYOF OCTOBER} TWO THOUSAND AND^TWENTYFIVE

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PRESENT

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THE HONOURABLE SMT^{JUSTICET.MADHAVI DEVI}

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WRIT PETITIO N NO:32351^{OF 2025}

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Between:

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1 Sandeeo Sura. S/o.^{Itiladhukar,Age.45 Years, Occ. Business.Sri Vasavi} n[" -fr,n'ff Proprietor. Dahegaon Village and N/andal, Kumuram Bheem Asifabad District.

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2 c;ib;n Rakesh, S/o.^{Gulbam Vaikuntam, Age.37 Years,OccOwner.of the} V"f,iJ" e"iring No. TS^{19 T 8902, R/o. H.-No- 4-38/1 , Tekulapally Village'} Kannepally ftilandal,^{lvlancherial District}

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...PET|TIONERS

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AND

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'l.TheStateofTelangana,representedbyitsPrincipal.Secretarytothe consumer Atfairs,^{Food and civil Supplies,secretariat Buildings,HyderaDao.}

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z. ihe Collector^{(CS), KumuramBheemAsifabadDistrict,Asifabad'}

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iii; D;prty r'aGiioa|.^{(CS), Dahegaon lvlandal,Kumuram Bheem Asifabad} District.

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The Station House Officer, Dahegaon^{Police Station, KumuramBheem} Asifabad District.

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..RESPONDENTS

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Petition under Article²²⁶ of^{the constitution of lndia praying that in the} circumstances stated in^{the affidavit filedtherewith, the High court may be} pleased to issue an order or^{direction more particularlyone in the natureof writ} of mandamus or^{any other appropriatewrit declaring the seizureof the stock of} 54.15 Quintals of^{Rice from the petitioner No. 1 and 2 cell phones seizedfrom} his gumasthas and^{Vehicle bearingNo. TS 19 T 8902 and cell phone of the} petitioner No. 2 in F.l.R. No.^{111 of 2025' of P.S' Dahegaon, KumuramBheem} Asifabad District. dated 09-09-2025,^{and not releasingthe same, even though} the petitioners had^{not committed any irregularitiesor illegalities, is nothing but} arbitrary, illegal,^{null and void and violative of principles of natural justice and} also violative of^{Articles 14,} .1 I and 21 of the constitution of lndia. consequently, direct the respondents^{to releasethe stock of rice 54'1 5 ouintals of Rice and 2} cell phones seized^{fromthe gumasthasof petitioner No. 1 and Vehicle bearing}

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No. TS 19 T 8902 and cell phone of the petitioner No. 2, seized rn F.l.R. No. 1.1 1 of 2025, of P.S. Dahegaon, Kumuram Bheem Asifabad District, dated 09-09_ 2025, in their favour respectively

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IA NO: 1 OF 2025

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Petition unde' section 151 cpc praying that in the circumstances stated in the affidavit filed n support of the petition, the High court may be pleased to direct. the responderts to release the said stock of rice 54.'l 5 euintals of Rice and 2 cell phones r;eized from the gumasthas of petitioner No. 1 and Vehicle bearing No. TS 13 1' 8902 and cell phone of the petitioner No. 2 seized in F.l.R. No. 11-l of 2025, ol P.S. Dahegaon, Kumuram Bheem Asifabad District, dated 09-09-2025, in their favour respectively

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Counsel for the Petitioners: SRl. K. VENUMADHAV

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Counsel for the Respondent Nos. 1to3: Gp FOR C|VIL SUppLIES

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Counsel for the Respondent No,4: Gp FOR HOME

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The Court made the following: ORDER

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THE HONOURABLE SMT.^{JUSTICE T. MADHAVI DBVI}

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WRIT PETITION NO.32351 OF 2025

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ORDER

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In this Writ Petition, the petitioners are^{challenging the action of} the respondents in seizing^{54. 15 quintals of rice from petitionerNo. I} and two cell phones lrom his^{gumasthasand also the vehiclebearing} No. TS 19T 8902 and a cell^phone of^{petitionerNo.2, as illegaland} arbitrary and as without any basis.

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Leamed counsel fbr thc petitioners submitted^{that the samples} drawn lrom the seized stock have^{been sent for analysisar,'d vide teport} dt.l4.l}.2025, the DMO, TGSCSCL,^{Kumuram Bheem Asifabadhas} observed that there are no FKR^{grainsfound and therefore, it is not PDS} rice. It is submitted that after such^{a finding, the petitioners have madea} representation to the District Collector,^{Kumuram Bheem Asifabad} bringing the above t-act to his notice^{vide tetterdt. 17.10.2025,,but since} no action has been taken thereafter, the^{presentWrit Petition has been} hled.

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Leamed Government Pleader lbr Civil^{Supplieshas obtained} written instructions, which are not signed,^{and along with the written}

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-r'

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w.l'. No.i2l5 t ol202i

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rnstructions is enclosed the reporl ol- the DMO, TGSCSCL, KB Asifabad dt. I I 09.2025 who has exarnined the sarnplcs and concluded that the suspe,:ted pDS rice stock is exceeded the limits of FAe specifications.

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Howe'er frorn the said report also. it is noticed that there are no FRK grains 1'ound in the samples. The remarks are with regard to the broken rice and chalky grain and therefore, it is appear.s Lhat the repofts dt'I l'09'2025 a.d 14. ro.2025 are not at variance with cach other. Since it has been observed and found that the seized rice is not pDS rice. the same is liable to be released.

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5' The respo^dents are directed to release the subjec. seized stock of rice as well as the vehicre and arso the ce, phones fort^with. The writ Petition is accorcingly allowed. No order as to costs.

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6 Pending miscellaneous petitions, il any, in this Writ petition shall

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stand closed.

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SD/.P.PONNA KRISHNA ASTII TANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To,