Sri Hanumeshwar Enterprises vs. The State Of Telangana

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WP/16964/2026HC TelanganaGSTCNR HBHC01034831202608 June 2026Bench: SUREPALLI NANDA10 pages
For Petitioner: SRI K' VENUMADHAV REP' FOR SRI B' SATHISH

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Cause title — parties, addresses and appearances
Il 132521 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 16964 OF 2026 Between: Sri Hanumeshwar Enterprises, Oio BuildingiFalt No.4, Shop No.4, Gunj Main Road, Rajendra Gunj Raichur, Karnataka State-584 102 Represented by its proprietor Avinash, S/o P. Sathyanarayana, Aged 30 Years. ... Petitioner/Owner of the Stock AND 1. The State of Telangana, represented by its Principal Secretary to the Consumer Affairs, Food and Civil Supplies, Secretariat, Hyderabad. 2. The Collector (CS), Civil Supplies Department, Madak District. 3. The District Civil Supplies Officer, Medak District. 4. The Deputy Tahsildar, Enforcement, Medak District. 5. lnspector of Police (CS), O/o DTCS, Medak District. 6. The SHO, Toopran, Medak District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No. sth and 6th seizing the rice of 350.00 Quintals (as per FIR 338.00 Quintals) of the Petitioners in Crime No.135/2026 dated 20.04.2026 illegal, improper and without any power or authority under law and violation of Articles, 19(1)(g) 300 A of the Constitution of lndia and consequently direct the respondents to release the stock of 350.00 Quintals (as per FIR 338.00 Quintals) by the respondents No.5 and 6. J t.A. NOi 1c)F 2026 Petition under Section 'l sl CPC praying that in the circumslances stated in the affidavit filed in support ot ttre peiitionitfli' fr"ign Court may be pleased to direct the respondents to release tn" to'ierear" the s-tock of 350.00 Qr.rintals (as per FIR 338.00 euintats) of the p"tlion"rs in Crime No.135/2026 dated 20.04.2026 pending disposal of the main Writ petition' Counsel for the Petitioner: SRI K' VENUMADHAV REP' FOR SRI B' SATHISH Counsel for the Respondent No'1 to 3: ASST' GP FOR GIVIL SUPPLIES Counsel for the Respondent No'4: GP FOR REVENUE Counsel for the Respondent No'S & 6: GP FOR HOME

The Court rnade the following: ORDER

j3!16€=:r:t IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.16964 OF 2026 DATE: 08.06.2026 Sri Hanumeshwar Enterprises ...Petitioner And The State of Telangana, Represented by its Principal Secretary to the Consumer Affair, Food and Civil Supplies, Secretariat Buildings, Hyderabad and others Respondents ORDER Heard Sri K.Venumadhav, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondent Nos.1 to 3 & 5 and the learned Assistant Government Pleader for Home appearing on behalf of the respondent No.

6.

Between :

- 2 S N,]

2.

The Detit oner aDDroac hed the Court seekino Drayer as under: "...to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF N4ANDAIVIUS declaring the action of the respondent No.5th and 6th seizing the rice of 350.00 Quintals (as per FIR 338.00 Quintals) of the Petitioners in Crime No.135/2026 dated 20.04.2026 illegal, improper and without any power or authority under Iaw and violation of Articles, 19(1)(g) 300 A of the Constitution of India and consequently direct the responJents to release the stock of 350.00 Quintals (as per FIR

338.

00 Quintals) by the respondents No.5 and 6 and pass. "

3.

The case of the Detitioner in brief as Der the averments made in the affidavit filed bv the oetitioner in suooort of the Dresen writ Detition is as under: i) The petitioner is a Grain Merchant and doing business in purchasing and selling grains in wholesale and retail by obtaining necessary Licence and GST licence No.29BIUPA6629QLZ9 in the name and style of Sri Hanumeshwar Enterprises. ii) On 19.O4.2026, respondent No.5 conducted an inspection at Toopran Toll Plaza and checked the vehicle i.e., Lorry bearing No.GJIOTX 5987 and seized

5i S.iB' J sN,l 338.OO quintals of rice contained in 683 bags on the suspicion that it is illegal transportation of Government Rice and seized the commodities i.e., 338.OO quintals of PDS Rice i.e., 683 bags. iii) Subsequently, based on a complaint, respondent No.6 registered an FIR and seized the said stock. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition. 4 PERUSED THE RECORD: The relevant Dortion of the order f this Court dated 1O.O3 .2O26 oassed in W.P.No.72 54 of 2O26 is extracted hereunder: "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 securlty 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, "

- 4 S N,I

DISCUSSION AN D CONCLUSION:-

5.

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 10.03.2026 passed in W.P.No.7254 of 2026, ard hence, the petitioner in the present writ petition is also er titled for the same relief as extended to the petitioner in W.P.No.7254 of 2026. 6. Learned Assistant Government Pleader for Civil Supolies, apoearinq on behalf of re ondent Nos.1 to 3&5andt he learned Assistant Govern ment Pleader for Home, aooearino on behalf of re ondent No.6. submit that aoorooriate or ers mav be oassed similar to the orders of this court dated 10.03.2026 in W.P. No. 7254 of 2fJ26_ wever with a st DU at on that the ho n r e directed tee to the extent o 3oo/o of the valueo the o furni h ouaran f f seized stock,

7.

Learned counsel appearing on behalf of the petitioner contends that the petitioner cannot be ,liscriminated

ffi-.r47 5 s N,l against, and that the relief as extended to several petitioners situated under similar conditions should also be extended to the petitioner herein.

8.

TAKING INTO CONSIDE TION: a) The aforesaid facts and circumstances of the case, b) The submissions made by the tearned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Civil Supplies appearing on behalf of the respondent Nos.1 to 3 & s and the learned Assistant Government pleader for Home appearing on behalf of the respondent No.6, c) The orders of this Court dated 10.03.2026 passed in W.P.No.7254 ol 2O2G (referred to and extracted above) d) 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,

- 6 S N,] e) The discussion and conclusion as arrived at paragraph Nos.s to 7 of the present order, Th wri ti ls ts s of t of e rd r ts ou d d o 2 6 as d P o.7 54 of o2 directi e es nd ts to ockof riceseized bv thea hor res relea se the st s bie tto the co diti nof the oetitio er f rn tshino m VA t e o al e n n .

2.

Th cur th t e f Tela no o ofr rce to se th st k of rice shall t ana th val eof th sei ed k h ev r su ec o h o co eof he onfi ca n r e n un er Se of th E nti ion 6- I i c m iti A 5 w ch av b la a ain th tion r.T er sh b no order as to co s.T er enoor er to s h Miscellaneous petitions, Petition, shall stand closed. if any, pending in this Writ i t'' A. SREENIVASA REDDY A ]'ANT REGISTRAR //// SECTION OFFICER

1.

The Principal Secretary to the Consumer Affairs, Food anrJ Civil Supplies, The State of Telangana, Secretariat, Hyderabad.

2.

The Collector (CS), Civil Supplies Department, Madak Dis.:rict.

3.

The District Civil Supplies Officer, Medak District.

4.

The Deputy Tahsildar, Enforcement, Medak District. :---:< To, I

5.

:::a:.:?:: '{t b 7 8 L 10 lnsoector of Polrce (CS), O/o DTCS Medak District' ine SHo, TooPran. Medak District o""[c ti, sRia. snrHtsH, Advocate [oPUC] Two CCs to Gp FoR iiiii'"Su;P'Llls,-'Hisn Court for the State of Telanqana at HYderabad [OUT] Two Ccs to GP FoR Hort'ri"Hign Court for the State,of Telangana [oUT] Two CCs to GP FOR nf-Vgrtlile' High Court for the State of Telangana' louTl 'l 1 . Two CD CoPies BN BS \\ nzK

\ I HIGH COURT DATED: 08/06/2026 ORDER WP.No.16964 of 2026 ,f V E SI,q s ot 3 1s,tiru2CI6 z Ct vo,q! is * DISPOSING OF THE WRIT PETITION WITHOI.JT COSTS il( ,r\t\" a'

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.