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Judgment
Heard Sri Rathan Singh M, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondent Nos.1 to 3 and learned Assistant Government Pleader for Home appearing on behalf of the respondent No.4.
The petitioners approached the Court seeking prayer as under:
"...to issue a writ order, or direction more particularly one in the nature of writ Mandamus declaring the action of the respondents in seizing the 352 Quintals (Mentioned in FIR as 350 Quintals) of Rice, belonging to the 1st petitioner and Lorry of the 2nd petitioner - Ashok Leyland, bearing Registration No. CG 08 AY 3713, in spite of 2nd petitioner transporting the said rice under valid Tax Invoice No. KVR/2026-27/415, dated 14.07.2026, e-Way Bill, dated 14.07.2026, Permit for Transport of Notified Agricultural Produce, dated 14.07.2026 and Weighbridge Receipt and Weighbridge Receipt dated 15.07.2026 as illegal and arbitrary and consequently direct the respondents 2 to 4 to release 352 Quintals (Mentioned in FIR as 350 Quintals) of Rice, belonging to the 1st petitioner and Lorry of the 2nd petitioner -Ashok Leyland, bearing Registration No. CG 08 AY 3713, without reference to the proceedings in Crime No. 696/2026, dated 15.07.2026."
The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present writ petition is as under:
The 1st Petitioner is an independent trader dealing in food grains, while the 2nd Petitioner is the owner of Ashok Leyland Lorry bearing Registration No. CG 08AY3713, which is being used for transport operations. On 15.07.2026, the 4th Respondent intercepted the said vehicle and seized 352 Quintals of rice, alleging that the stock was PDS rice. The seized stock of rice of the 1st Petitioner and the Lorry of the 2nd Petitioner had remained under the custody of the respondents. Aggrieved by the same, the petitioner had approached this court by filing the present Writ Petition seeking release of the seized stock and Vehicle.
PERUSED THE RECORD:
4. DISCUSSION AND CONCLUSION:
Learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondent Nos.1 to 3 upon instructions brings to the notice of this Court that a notice vide No:A7/CS/214/2026, dated 17.08.2026 under Section 6 (B) of the Essential Commodities Act, 1955 had been issued to the petitioners herein by the District Civil Supply Officer, Medchal-Malkajgiri District calling upon the petitioners to appear in person or through counsel along with the documentary evidence on 22.08.2026 at 4:00 before the District Civil Supply Officer, Medchal-Malkajgiri District, Integrated District Officers Complex, Medchal-Malkajgiri District at Anthaipally Village Opp: to BITs Pilani Road and therefore, the petitioners may be directed to put-forth specific pleas of the petitioners as put-forth in the present writ petition pertaining to release of the 2nd petitioner's vehicle bearing Registration No. CG 08 AY 3713 and also the release of the 352 Quintals (Mentioned in FIR as 350 Quintals) Rice belonging to the 1st petitioner, by filing an appropriate application/representation before the 2nd respondent herein and upon the petitioner filing the said application/representation before the 2nd respondent, the same would be considered in accordance to law, within a reasonable period.
Learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the Learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondent Nos.1 to 3.
Taking into consideration:
The aforesaid facts and circumstances of the case.
The submissions made by the learned counsel appearing on behalf of the petitioners and Learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondent Nos.1 to 3
Specific plea of the learned Assistant Government Pleader appearing on behalf of the respondents that a notice had been issued to the petitioner under Section 6(B) of the Essential Commodities Act, 1955, calling upon the petitioner to appear before the respondent No.2 herein on 22.08.2026.
The discussion and conclusion as arrived at paragraph No.4 to 7 of this order.
The Writ Petition is disposed of directing the petitioners to appear before the 2nd respondent as per the notice issued to the petitioner under Section 6(B) of the Essential Commodities Act, 1955 on 22.08.2026 and also put-forth the grievance of the petitioner as put-forth in the present Writ Petition, seeking release of the 2nd petitioner's vehicle bearing Registration No. CG 08 AY 3713 and also the release of the rice of 352 Quintals (Mentioned in FIR as 350 Quintals) belonging to the 1st petitioner seized in relation to FIR No.696/2026, dated 15.07.2026. Upon the petitioners filing the said application/representation before the 2nd respondent within one (01) week from the date of receipt of a copy of the order, the 2nd respondent is directed to consider the same in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioners within one (01) week thereafter and decide the subject issue and duly communicate the decision to the petitioners herein. However, there shall be no order as to costs. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.