HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No. 10711 of 2021
ORDER:
The present Writ Petition is filed seeking the following relief:-
"to issue a writ order or direction particularly one in the nature of Writ of Mandamus declaring the order dated 21/01/2017 in M.C.No.235/16 on the file of the 2nd respondent herein whereby confiscating alleged PDS rice of 171.65 qtls and also imposed penalty of 80,000/- and also to declare the judgement dated 05/07/2018 in Crl.A.No.57 of 2017 on the file of the Court of the Principal Sessions Judge, Khammam, which was passed in confirming the confiscation of 60 percent of rice seized out of 171.65 qtls of alleged PDS rice and maintained the penalty to a tune of Rs 10,000/- imposed on lorry bearing No.AP 26 U 3227 as illegal and arbitrary and consequently to set aside the orders dated 21/01/2017 in MC.No.235/2016 and the Judgement dated 05/07/2018 in Crl.Appeal No.57/2017".
2. Heard Sri Avinash Singh, learned counsel representing Sri A.Prabhakar Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies appearing on behalf of respondents.
3. During the course of hearing, learned counsel for the petitioners fairly submits that the issue raised in this Writ Petition is squarely covered by the judgment of this Court in W.P.No.40429 of 2017 and batch dated 02.12.2020 and the 2 same is not disputed by the learned Assistant Government Pleader for Civil Supplies.
4. In view of the above, following the aforesaid judgment of this Court in W.P.No.40429 of 2017 and batch, dt 02.12.2020, in terms thereof, the writ petition is allowed. No costs.
Miscellaneous petitions pending, if any, shall stand closed.
_______________________________ JUSTICE J. SREENIVAS RAO Date: 01.11.2023 Sa Note:
The Registry is directed to enclose a copy of the order, dated 02.12.2020, in W.P.No.40429 of 2017 and batch to this order. 3 123
HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No. 10711 of 2021 Dt: 01.11.2023 sa