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Judgment
Heard Sri Kanchani Laxmaiah, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondent Nos.1 to 4 and the learned Assistant Government Pleader for Home appearing on behalf of the respondent No.5.
The petitioner approached the Court seeking prayer as under:
"...to issue a Writ, Order or direction more particularly one in the nature Mandamus, declaring the action of the respondents seizing the petitioner's Stock 294.50 Quintals of Rice under the cover of seizure panchanama dated 14.07.2026 in connection with Crime No. 120 of 2026, dated 14.07.2026 is Illegal, arbitrary and against the principles of natural justice and also violation of Articles 19 (1) (g) of the Constitution of India and consequently direct the respondent No.2 to release the Rice stock to the petitioner and to pass such other order or orders and to pass..."
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 is the owner and proprietor of Yogesh Traders, engaged in the business of rice trading. While 294.50 quintals of rice stock was being transported in a lorry, the respondent authorities intercepted the vehicle on 14.07.2026, and seized the entire stock on the allegation that it was Public Distribution System (PDS) rice and thereafter, registered Crime No.120 of 2026 for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 7(1) of the Essential Commodities Act, 1955. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition.
PERUSED THE RECORD:
A) The relevant portion of the order of this Court dated 16.04.2026 passed in W.P.No.11568 of 2026 is extracted hereunder:
"The writ petition is disposed of in terms of the orders of this Court dated 10.03.2026 passed in W.P.No.7254 of 2026 directing the respondents to release the stock of rice seized by the authorities, subject to the condition of the petitioner furnishing immovable property security in the State of Telangana equivalent to the value of the seized stock of rice to Respondent No.2. The release of the stock of rice shall however 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. There shall be no order as to costs. There shall be no order as to costs."
DISCUSSION AND CONCLUSION:
Learned counsel appearing on behalf of the petitioner submits that the issue involved in the present writ petition is squarely covered by the order of this Court dated 16.04.2026 passed in W.P.No.11568 of 2026, and hence, the petitioner in the present writ petition is also entitled for the same relief as extended to the petitioner in W.P.No.11568 of 2026.
Learned Assistant Government Pleader for Civil Supplies, appearing on behalf of respondent Nos.1 to 4, and the learned Assistant Government Pleader for Home, appearing on behalf of respondent No.5, do not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.
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 the respondent Nos.1 to 4 and the learned Assistant Government Pleader for Home appearing on behalf of the respondent No.5,
The orders of this Court dated 16.04.2026 passed in W.P.No.11568 of 2026 (referred to and extracted above),
The fact as borne on record that the relief as sought for by the petitioner in the present writ petition had been extended by this Court to the petitioners in several similar matters,
The discussion and conclusion as arrived at paragraph Nos.4 to 6 of the present order,
The writ petition is disposed of in terms of the orders of this Court dated 16.04.2026 passed in W.P.No.11568 of 2026 directing the respondents to release the seized stock of 294.50 quintals of rice in favour of the petitioner on condition of petitioner furnishing 3rd party immovable property as security equivalent to the value thereof if the stocks have not been disposed of by way of interim sale so far. The release of the stock of rice shall however 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. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.