THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.12606 of 2025

ORDER

This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondent in seizing the rice belonging to the petitioner weighing 120 quintals as illegal and arbitrary and consequently to direct the respondents to release the seized rice of 120 quintals to the petitioner without reference to proceedings in Crime No.12 of 2025 on the file of Thirumalgiri Police Station, Suryapet District, and to pass such other order or orders.

2. Heard learned counsel for the petitioner, learned Government Pleader for Civil Supplies appearing on behalf of respondents No.1 to 3 and learned Government Pleader for Home appearing on behalf of respondent No.4. Perused the material on record.

3. Learned counsel for the petitioner submitted that the petitioner is dealing with business of purchasing, supplying and selling of rice to retailers. Learned counsel for the petitioner further submitted that when the petitioner was transporting 120.00 quintals of rice from Siruguppa, Karnataka to Doulthabad, Telangana, through proper tax invoice by vehicle bearing No.AP 16 TH 6866, the authorities intercepted the vehicle and seized the stock of rice. It is submitted that the subject rice under transportation is not PDS rice and under a misconception that it is PDS rice, the same has been seized by the authorities.

4. 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 petitioner 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 petitioner 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 petitioner.

5. The Writ Petition is accordingly disposed of. No order as to costs.

Miscellaneous applications, if any, pending in this writ petition, shall stand closed.

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JUSTICE T. MADHAVI DEVI Date: 25.04.2025 PRN