Vydyanath Jamedar vs The State Of Telangana
2025 Latest Caselaw 40 Tel

Telangana High Court

Vydyanath Jamedar vs The State Of Telangana on 1 May, 2025

      THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI

                WRIT PETITION No.13885 of 2025

ORDER:

This Writ Petition is filed seeking a declaration that the action

of respondents No.2 and 3 in not releasing the seized rice of 290

quintals belonging to petitioner No.1 and the lorry bearing No.

GJ37T6414 belonging to petitioner No.2, which were seized under the

cover of panchanama in connection with Crime No.11 of 2025 on the

file of Kollur Police Station, Sangareddy District, in spite of the orders

of the IV Additional Sessions Judge, Sangareddy, in Criminal Appeal

No.8 of 2025, as illegal and arbitrary.

2. Learned counsel for the petitioners submitted that vide orders

under Section 6-A of the Essential Commodities Act, 1955, the stock

of rice as well as the vehicle were seized and confiscated, and the

petitioners have preferred a criminal appeal before the IV Additional

Sessions Judge, Sangareddy, and vide judgment dated 27.03.2025 in

Crl.Appeal No.8 of 2025, the IV Additional Sessions Judge,

Sangareddy, has directed the respondents therein to release of the

vehicle as well as rice. Learned counsel for the petitioners submitted

that the petitioners have also brought the said judgment to the notice TMDJ wp_13885_2025

of respondent No.2 vide representation dated 07.04.2025 and yet the

stock of rice and the vehicle have not been released so far.

3. Learned Assistant Government Pleader for Civil Supplies,

appearing for respondents No.1 and 2, is also heard.

4. Having regard to the fact that the decision of the Sessions Judge

in Crl. Appeal No.8 of 2025 is in favour of the petitioner and the

direction was to the release of vehicle and the stock, but the inaction

on the part of respondent No.3 in taking any action is clearly illegal

and arbitrary. Therefore, this Court deems it fit and proper to direct

respondent No.2 to release the stock of rice and the vehicle

immediately unless there is any other order by the appellate authority

staying the order of the Sessions Judge.

5. With the above directions, this Writ Petition is disposed of.

There shall be no order as to costs.

6. Miscellaneous applications, if any, pending in this writ petition,

shall stand closed.

____________________________ JUSTICE T. MADHAVI DEVI Date: 01.05.2025 NOTE: Issue C.C. by 02.05.2025 B/o.

PRN TMDJ wp_13885_2025

HON'BLE SMT. JUSTICE T. MADHAVI DEVI

WRIT PETITION No.13885 of 2025

Date: 01.05.2025 NOTE: Issue C.C. by 02.05.2025 B/o.

PRN