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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

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

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

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

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

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.

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

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.