Mohammed Farooq v. The State Of Telangana
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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) FRIDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 37405 OF 2021 Between:
lvlohammed Farooq, S/o. fi,4ohammed Tajoddin Aged about 35 years, Occ. Business Rl/o 1-33, Power l-louse colony , Jainoor lr,4andal, Komuram Bheem District (Erstwhile Adilabad district) ...PETITIONER AND "1. The State of Telangana, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies, T.S Secretariat Buildings, Hyderabad.
2. The Collector (CS), Warangal district, Warangal.
3. The Deputy Tahasildar (CS), Warangal, Warangal district.
4. The Assistant Civil Supply Officer, Warangal, Warangal District.
5. The Station House officer, P.S. lnthegar Gun.j, Warangal, Warangal district ...RESPONDENTS Petition under Article 226 ol lhe 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 wRlr oF MANDAMUS declaring the action of the respondents 2 to 5 in serzing the rice 700 bags (350) Quintals of the petitioner under cover of panchanama dated 2206-2021 ( FIR Crime No. 19412021 dated 22-06-2021) is iilegat, improper without any power or authority under law and violation of Articles 19(1 )(g) of the constitution of lndia and set aside the same.
lA NO: 1 OF 2021 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 Nos. 2 to s to release the seized rice 700 bags 35b euintals of the petitioner under cover of Panchanama dated 22-06-2021 ( FtR crime No. 1g412021 dated 22-06-2021) to the petitioner pending disposal of the main writ petition. Counsel for the Petitioner: Smt. C SUNITHA KUMARI Counsel for the Respondent No. 1 to 4: Gp FOR CIVIL SUPPLIES Counsel for the Respondent No.5: Gp FOR HOME The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.37 4OS of 2O2L ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Civil Supplies appearing for respondents 1 to 4 and the learned Government pleader for Home for respondent No.5.
2.
Learned counsel for the petitioner submits that this Court in similar circumstances passed order dt. 17.09.2021 in \ WP.No.2261l of 2021. The same is not disputed by the learned Government Pleader for Civil Supplies. I 3.
Both counsel agreed for disposal o, tn" ,.t, petition, in terms of the order dt.17.O9.202i in Wp.No.226ll of 2021, with direction to conclude the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ,the Act, 1 9 55') expeditiouslSr.
4. Therefore, the respondents are directed to finaJize proceedings under Section 6-A of the Act, 1955 expeditiously preferably within a period of eight weeks from the date of receipt of copy of this order. However, pending finalization of Section 6-,4. proceedings, as rice is a perishable item, respondents are directed to release the stock of rice belonging to the petitioner, subject to the petitioner furnishing fixed deposit receipt to the extent of 50% of the value of stock quantificd by competent authority and personal bond for
remaining 5O%. If the confiscation proceedings end in confiscation of rice, it is open to the Collector to adjust the amount in the fixed deposit. If any additional amount is due from the petitioner after adjusting the alnount in the fixed deposit, it is open to the Collector to take steps to recover the balance amount.
5.
With the above direction, the Writ Petition is disposed of. No order as to costs Consequently, miscellaneous petitions pending, if arry, sha-ll stand closed.
I SD/.K.ONESIM ASSISTANT REGISTRAR iy //TRUE COPY// SECTION OFFICER To,
1. The Princip{ Secretary, Consumer Affairs, Food and Civil Supplies, State of Telangana, T.S Secretariat Buildings, Hyderabad
2. The Collector (CS), Warangal district, Warangal.
3. The Deputy Tahasildar (CS), Warangal, Warangal district.
4. The Assistant Civil Supply Officer, Warangal, Warangal District.
5. The Station House officer, P.S. lnthegar Gunj, Warangal, Warangal district ,
6. One CC to Smt. C SUNITHA KUMART Advocate tOpUCl
7. Two ccs to GP FoR crvrl supplrEs ,High court for the State of rerangana louTl B. Two CCs to GP FOR CIVTL HOME, High Court for the State of Telangana. lourl
9. Two CD copies.
10. One spare copy.
GB sw Nu!
HIGH COURT DATED:31 11212021
ORDER
1 sE STA ,a )\ \ WP.No.37405 of 2021 a')c (.), o-- ri 1 7 JAN 2022 ;) f) s pl-1CLt.o DISPOSING OF THE WP WITHOUT COSTS.
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