Telangana High Court
Srinivasa Traders vs The State Of Telangana on 1 April, 2026
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.9705 OF 2026
DATE OF ORDER : 01.04.2026
Between:
Srinivasa Traders, rep., by its Proprietor,
Alampally Sridhar, S/o. Alampally
Vishwanatham, Age 43 years,
Premises Flat No.3-78/E/80,
First Floor, Vikarabad Road,
Chevella, Ranga Reddy District .. Petitioner
And
The State of Telangana, rep., by its
Principal Secretary to the Consumer Affairs,
Food and Civil Supplies, Secretariat Buildings,
Hyderabad and three others
.. Respondents
ORDER:
This writ petition is filed with the following prayer:
"... to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the seizure of the stock of rice of the petitioner through F.I.R.No.72 of 2026, of P.S. Toopran, Medak District, dated 05.03.2026, and not releasing the said stock of rice in favour of the petitioner, even though the petitioner had not committed any irregularities or illegalities, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India. Consequently, direct the respondents to release the stock of rice in favour of the petitioner seized in 2 F.I.R.No.72 of 2026, of P.S. Toopran, Medak District, dated 05.03.2026, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."
2. Heard Mr. K. Venumadhav, learned counsel for petitioners, Mr. N.S. Arjun Kumar, learned Assistant Government Pleader for Civil Supplies for respondent Nos.1, 2 and 4, and learned Assistant Government Pleader for Home for respondent No.3.
3. Case of petitioner is that on 05.03.2026 while transporting rice in 770 plastic bags (quantity of 368.5 qtls.,) in vehicle bearing No.TS 08 UF 1149, Inspector (C.S.) Medak District - respondent No.4 seized the vehicle on the allegation that the rice being transported was meant for Public Distribution System (PDS). On a complaint from respondent No.4, the Station House Officer, Toopran Police Station, respondent No.3 registered F.I.R.No.72 of 2026, dated 05.03.2026.
4. Learned counsel for petitioner submitted that the rice is a common variety and it is not PDS rice. It is further submitted that respondent Nos.3 and 4, without 3 taking into consideration the factual aspect that the rice was a common variety and not PDS rice, by abusing the powers vested, seized the vehicle along with rice (368.5 qtls). It is also submitted that the rice is a schedule commodity and not an essential commodity and seizing the same under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act, 1955') amounts to an illegal act. Copy of F.I.R.No.72 of 2026, dated 05.03.2026 (Ex.P1) is at Page No.15, complaint dated 05.03.2026 is at Page Nos.19 and 20, and bill of supply is at Page No.26 and e-way bill is at page No.27 of the writ papers.
5. Learned counsel for petitioner placed reliance on the order passed by a learned Single Judge in W.P.No.7254 of 2026, dated 10.03.2026. Learned counsel invited the attention of this Court to paragraph No.8 of the learned Single Judge's order and submitted that similar orders be passed in this writ petition too.
6. On the other hand, learned Assistant Government Pleader for Civil Supplies placed on record a 4 communication received from the office of District Civil Supplies, Medak District, dated 31.03.2026. Drawing attention of this Court to unnumbered paragraph at Page No.4 of the communication submitted that appropriate proceedings have been initiated under Section 6-A of the Act, 1955 and a show cause notice is issued to petitioner on 16.02.2026 and the date of hearing before the office of District Collector was scheduled on 28.02.2026. It is further submitted that the District Collector was transferred and scheduled hearing is to be re-fixed by issuing another show cause notice.
7. Heard learned counsels, perused the record and considered the submissions.
8. There is no dispute that rice was seized, when being transported in a vehicle bearing No.TS 08UF 1149, the quantity of rice is 368.5 qtls (in 770 plastic bags), incident occurred on 05.03.2026. On the basis of complaint by respondent No.4, respondent No.3 registered an F.I.R.No.72 of 2026, dated 05.03.2026. The contention 5 putforth by learned counsel for petitioner is that the rice being transported was a common variety rice and is not PDS rice and that the act of respondent authorities in seizing the rice and registering an F.I.R. is not in accordance with law. Proceedings under Section 6-A of the Act, 1955 are initiated, a show cause notice was issued on 16.02.2026, date of hearing was scheduled on 28.02.2026. The relevant paragraph of the communication received by learned Assistant Government Pleader for Civil Supplies from the office of District Civil Supplies Officer, Medak District, dated 31.03.2026, is as follows:
"... Further, it is to submitted that, the District Collector, Medak District has issued a show cause notice to the respondents on 16.02.2026 and scheduled the hearing on 28.02.2026 before District Collector Court, Medak District. However, the hearing could not be conducted on the said date as the District collector was transferred to another department.
Therefore, another show cause notice may be issued to the respondents as soon as possible and a new date for hearing may be fixed."
9. On a perusal of the contents of the relevant paragraph, it is apparent that proceedings under Section 6-A of the Act, 1955 are under way.
6
10. In similar circumstances, a learned Single Judge of this Court in W.P.No.7254 of 2026 passed orders, the relevant paragraph (No.8) of the said order is as follows:
"8. TAKING INTO CONSIDERATION:
a) The aforesaid facts and circumstances of the case,
b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondents,
c) The discussion and conclusion as arrived at paragraph Nos.4 to 7 of the present order, The writ petition is disposed of, 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."
11. Having perused the material on record and having considered the contentions, this Court is of the opinion that similar orders be passed as in W.P.No.7254 of 2026, extracted supra.
12. Respondents are directed to release the stock of rice seized, subject to condition that the petitioner furnishes a security in the form of immovable property situated within the State of Telangana, equivalent to the value of the stock 7 seized. It is made clear that that release of stock of rice shall be subject to the outcome of proceedings, which are underway under Section 6-A of the Act, 1955 said to have been initiated against the petitioner.
13. With the above observations, the writ petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, pending shall stand closed.
___________________________ ANIL KUMAR JUKANTI, J Date:01.04.2026 Note:- Issue C.C. by 06.04.2026 (B/o) KH 8 THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.9705 of 2026 Date:01.04.2026 KH