Varla Satish Kumar Vs The State of Telangana

Petition under Article 226 of lhe Constitution of lndra 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 padicularly one in the nature of WRIT OF MANDAIVUS declare the inaction of the Respondents in delivering ,n. rsiz,ed rice of 1403 Bags, each 50 Kgs to the^petitioner in CC No. 394 of 2006 on the file of the Judicial [t/agistrate Parigi. Ranga Reddy District daled 14-7 -20^'l 5 is illegal, arbitrary, and without any power or authority under law.

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l.A. NO: 1 OF 2015(WPMP. NO: 49199 OF 2015)

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Petition under Section 15'1 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 2nd respondent to return the seized rice of 1403 bags each 50 Kgs to the petitioner pending disposal of Writ Petition.

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l.A. NO: 2OF 2015(WPMP. NO: 55329 OF 2015)

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Petitron under Section 151 CPC praying that in the r;ircumstances stated in the affldavit filed in support of the^petition, the High Co rl may be^pleased to permit the petitioner to file the matenal papers^-AS Additio r:rl lVlaterial papers in W.P.No 38227 of 2014i and receive the same.

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Counsel for the Petitioner: Ms. C.SUNITHA KUMARI

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Counsel for the Respondents: SRI R.LAXMIKANTH REDD", AGP FOR HOME The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE^{VAXITIRAMAKRISHNA REDDY}

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WRIT PETITION No.38227 of 2OLS

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ORDER

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Heard Ms. C.Sunitha Kumari, learned counsel for the^petitioner and.sri R.Laxmikanth Reddy, learned Assistant Government^{Pleader for} Home appearing for the respondents.

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This Writ Petition is filed seeking to declare the^inaction of^the respondents in delivering the seized rice of 1403^{Bags (5O Kgs each) to} the petitioner in C.C.No.394 of 2006 on the file of the^Judicial Magistrate of the First Class, Parigi, Ranga Reddiy District, as^illegal and arbitrary.

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Learned counsel for the petitioner submits that^{the petitioner is} engaged in the business of rice and paddy. On^{17 .O7 .2OO5, one} Mr. A.Krishnaiah, The Station House^Ofhcer of^{Parigi Police Station,} conducted a Panchanama at the^{petitioner'spremises and seized 1403} Bags (50 Kgs each) of rice on the allegation^{that the rice was PDS rice. A} complaint was also lodged with the Station^{House Officer, ParigiPolice} Station, basing on which an FIR^{was registereduide FIR No. 132 of 2OO5} under Sections 409 of Indian Penal^{Code (lPC).Subsequently,} investigation was conducted by respondent^{No.2, who filed charge sheet} vide C.C.No.394 of 2006 before the Judicial^{First ClassMagistrate,} Parigi, Ranga Reddy District, and the trial^{Court, after conductingtrial,} acquitted the petitioner uide^{its judgment dated14.O7.2015.}

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Learned coun:;el lor the pelitioner fi-rrther su I ittcd that the seized rlcc stocks ur-re not produced before the trial^{( r-.r.rrt} br.rt kept at the Mandal Level Stock (MLS) Point, Parigi, and no 6r'^'c-port was filed before the Joint Collector. I,'urther, the Station Hou^r,, Officer lacked authority under the Ossential Commodities Act, 1955, 1r) scize the rice. Therefore, learned counsel prayed to allow the Writ Pet irn.

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The main grievance of the petitioner is that the r spondents failed to deliver the seizcd rice of 1403 Bags (50 Kgs each),^r: the petitioner, despite the acquittrrl in C.C.No.394 of 2006 uide ludgment dated t4.o7.20t5.

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It is to be obsr:rved that soon after seizure of tl c rice, the same was kept at thc MI-S point. Therefore, it cannot lr said that the respondent No.2 is still holding custody of the same.

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In view of the :rbove, this Writ Petition is dispos d of by granting liberty to thc petitioner to approach a competent Civil t-)ourt of Law or any competent Authority lor redressal of his grievar o3s, as may be offered under law.^'lhere sha[[ be no order as to costs.

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As a sequel, pencling miscellaneous applicatio :, il any, shall

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stand closed.

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