Nithya Enterprises vs The State Of Telangana & Ors.

Heard Sri B. Sathish, learned counsel appearing on behalf of the petitioner, Sri Nagaraju Gali, learned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos.1 to 4 and learned Assistant Government Pleader for Home, appearing on behalf of respondent No.5.

The petitioner approached this Court seeking the prayer as under:

The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner, proprietor of M/s. Nithya Enterprises, contends that the petitioner is a licensed grain merchant holding a valid GST registration, pursuant to a bona fide commercial transaction, the petitioner sold 300 quintals of rice (though the FIR mentions 294.50 quintals) to Yog Enterprises, Maharashtra, under Invoice No.17 dated 05.04.2026, and the consignment was being transported in vehicle No. RJ 11 GB 9075 when it was intercepted by respondent Nos.4 and 5 at Toopran Toll Plaza on 06.04.2026. Despite the driver producing valid invoices and transport documents and explaining that the rice was privately purchased and not in Public Distribution System (PDS), the respondents allegedly seized the vehicle and stock and registered Crime No.118 of 2026 dated 07.04.2026 under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 7(1) of the Essential Commodities Act. The petitioner asserts that the authorities acted arbitrarily and mechanically and further contends that the seizure is without authority of law, infringes the petitioner's fundamental right to carry on trade under Article 19(1)(g) of the Constitution of India, and that continued detention of the perishable stock would result in irreparable loss. Aggrieved thereby, the petitioner approached this Court by filing the present writ petition.

The learned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos.1 to 4 upon instructions brings to the notice of this Court that a notice under Section 6 (b) of the Essential Commodities Act, 1955 had been issued to the petitioner calling upon the petitioner to appear before the 2^nd respondent on 11.08.2026 and therefore, the petitioner may be directed to put forth the plea of release of the seized stock of rice of 300 Quintals (as per FIR 294.50) in Crime No.118 of 2026, dated 07.04.2026 before the 2^nd respondent by filing an appropriate representation before the respondent No.2 and the same would be considered in accordance to law, within a reasonable period.

Taking into consideration:-

The aforesaid facts and circumstances of the case,

The submissions made by the learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos.1 to 4 and learned Assistant Government Pleader for Home, appearing on behalf of respondent No.5.

The specific plea of the learned Assistant Government Pleader appearing on behalf of the respondents that a notice has 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 11.08.2026,

The discussion and conclusion as arrived at paragraph Nos.4 and 5 of this order,

The Writ Petition is disposed of directing the petitioner to appear before the 2^nd respondent as per the notice issued to the petitioner under Section 6 (b) of the Essential Commodities Act, 1955 on 11.08.2026 and also put forth the grievance of the petitioner as put forth in the present writ petition seeking release of the rice of 300 Quintals (as per FIR quantity is 294.50) in Cr.No.118 of 2026 dated 07.04.2026. Upon the petitioner filing the said application before the 2^nd respondent within one week from the date of receipt of a copy of the order, the 2^nd 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 petitioner within one week thereafter and decide the subject issue and duly communicate the decision to the petitioner herein. However, there shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.