IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI

WRIT PETITION No.35461 OF 2025

DATE : 01.12.2025

Between:

Mohd.Shahbaz and another

…Petitioner

AND

The State of Telangana

Rep by its Principal Secretary,

Consumer Affairs, Food & Civil Supplies,

Secretariat Buildings, Hyderabad & 2 others

…Respondents

ORDER

This Writ Petition is filed seeking the following

relief:-

“……to issue an order or direction more particularly one in the

nature of writ of mandamus or any other appropriate writ declaring the action of respondent No.3 in seizing the stock of 151.00 quintals of rice from the petitioner No.1 and vehicle bearing No.TS-16-UC-7842 of petitioner No.2 in FIR.No.1812 of 2025, P.S.Pet Basheerabad, Rachakonda Commissionerate, Medchal Malkajgiri District and not releasing the same, even though the

petitioners had not committed any irregularities 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 the Constitution of India. Consequently, direct the respondent to release the stock of rice 151.00 quintals of rice of petitioner No.1 and vehicle bearing No.TS-16-UC-7842 of the petitioner No.2, in their favour, respectively, and to pass such other order or orders……”

2. Heard learned counsel for the petitioners, learned Government Pleader for Civil Supplies appearing on behalf of respondents No.1 & 2 and learned Government Pleader for Home appearing for respondent No.3. Perused the material on record.

3. Learned counsel for the petitioners submitted that the petitioner No.1 is a trader dealing with business of purchase, sale and milling of paddy and rice and as a part of the same, while petitioner No.1 was transporting 151.00 quintals of rice from Shadnagar to Nizamabad by taking vehicle of petitioner No.2 bearing No.TS-16-UC- 7842 on hire, the authorities intercepted the vehicle and seized the stock of rice and the vehicle. Though it is submitted that the subject rice under transportation is not PDS rice, under misconception, the same has been seized by the authorities. The petitioners are seeking release of stock of rice as well as vehicle.

4. Learned Government Pleader for Civil Supplies submitted that notice under Section 6-A of the Essential Commodities Act, 1955 has already been issued to the petitioners.

5. Having regard to the fact that the rice which was under transportation was seized by the authorities and the proceedings under Section 6-A of the Essential Commodities Act, 1955 have already been initiated against the petitioners and the said proceedings are likely to take some time for conclusion and the rice is likely to get damaged because of such time lapse, this Court is inclined to grant interim custody of the rice which was seized by the authorities on terms. The respondents are directed to release the stock of rice which was seized by the authorities subject to the condition of the petitioners furnishing immovable property security in Telangana equal to the value of the stock of rice, which has been seized by the authorities, to respondent No.2. The release of the stock of rice shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955 which have been initiated against the petitioners.

6. As regards release of the subject vehicle, the respondents are directed to release the vehicle i.e., Eicher DCM Van bearing No.TS 16 UC 7842 subject to the petitioners furnishing bank guarantee by way of fixed deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each in favour of respondent No.2 and also furnishing undertaking that they will not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955. The petitioners are directed to cooperate with the author