Tridev Enterprises And Another vs. The State Of T.S. And 2Others

Facts

The petitioners, Tridev Enterprises and Pothula Nagavenkatadurga Devi, challenged the seizure of 309.00 quintals of raw rice and a lorry bearing registration number AP 39 T 7566 by the Deputy Tahsildar (CS), Sathupalli Mandal, Khammam District. The seizure occurred on August 4, 2022. The petitioners contended that the rice was being transported from Karnataka to Andhra Pradesh, passing through Telangana, and that they had produced all necessary documents, including bills and an e-way bill, to prove the legal origin and destination of the stock. They argued that the seizure was illegal, arbitrary, and without jurisdiction, violating the Essential Commodities Act, 1955, and the Telangana State Public Distribution System (Control) Order, 2016. The respondents, represented by the learned Government Pleader, stated that a criminal case was registered under Section 420 IPC and Section 7 of the EC Act, 1955, and that a report under Section 6-A of the EC Act was submitted due to alleged contravention of clause 17(e) of the Telangana State Public Distribution System (Control) Order, 2016.

Held

The High Court noted that on November 8, 2022, it had permitted the petitioners to approach the District Collector with supporting documents to prove their claim of legal purchase and possession and that there was no contravention of clause 17(e) of the Telangana State Public Distribution System (Control) Order, 2016. The Court was informed that the District Collector, in compliance with the Court's order, had verified the documents. The e-Way bill submitted by the petitioners was found to be genuine online, and the HSN Code mentioned therein (1006) was established as rice. Consequently, the Civil Supplies Deputy Tahsildar, Madhira, was directed to release the seized rice and the lorry to the owners. The learned Assistant Government Pleader confirmed that the respondents had complied with the Court's order and the relief sought in the writ petition had been granted. Therefore, the Court held that no further orders were required in the writ petition.

Key Issues

1. Whether the seizure of 309.00 quintals of raw rice and lorry bearing No. AP 39 T 7566 by the Deputy Tahsildar (CS), Sathupalli Mandal, Khammam District, was illegal, arbitrary, and without jurisdiction, contrary to the provisions of the Essential Commodities Act, 1955, and the Telangana State Public Distribution System (Control) Order, 2016? Petitioner's arguments: The petitioners argued that the seizure was illegal as the rice was being transported from Karnataka to Andhra Pradesh, and there are no restrictions on inter-state transportation of rice. They contended that the allegation of violation of clause 17(e) of the Telangana State Public Distribution System (Control) Order, 2016, was unsustainable as the rice did not belong to the Telangana State. They also asserted that they had produced all necessary documents, including bills and an e-way bill, confirming their legal possession of the stock. Revenue's arguments: The respondents submitted that a criminal case was registered under Section 420 IPC and Section 7 of the EC Act, 1955, and a report under Section 6-A of the EC Act was filed due to alleged contravention of clause 17(e) of the Telangana State Public Distribution System (Control) Order, 2016. They also stated that the petitioners did not produce satisfactory bills at the time of inspection.