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2025 Supreme(Online)(Tel) 64376

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
M/s. Harikesh Enterprises – Appellant
Versus
The State of Telangana – Respondent
WP 34386/2025



ORDER

This Writ Petition is filed declaring the action of the respondents No.4 and 5 in seizing 35 tons of rice of the petitioner basing on the Crime No.937 of 2025 & Confession & Seizure panchanama dated 14.10.2025, as illegal and arbitrary and consequently to direct the respondents to release the aforesaid stock.

2. Heard the learned counsel for the petitioner, learned Government Pleader for Civil Supplies appearing for respondents No.1 to 4 and learned Government Pleader for Home appearing for respondent No.5.

3. Learned counsel for the petitioner has drawn attention of this Court to the documents filed along with the writ petition to demonstrate that the stock of rice which has been seized by the respondent authorities is not PDS rice and the same has been purchased from Sri Chakrapani Rice Mill, Raichur and sold to M/s.Jay Ambe Corporation, Rajoda, Bavla. To the said effect, the petitioner has filed copies of Invoices and e-way bill at pg. nos.21 to 23. Therefore, learned counsel submitted that the stock of rice has been explained by the petitioner and is seeking release of the stock.

4. Having regard to the fact that the rice which was seized by the authorities is claimed to be not PDS rice 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 third party security 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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