Telangana High Court
Polepally Lingaiah v. The State of Telangana
WP/25324/2026
- Decision date
- 2026-08-05
- Text availability
- Full text
- Judges
- Surepalli Nanda
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
132521 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 25324 OF 2026 Between: Polepally Lingaiah, S/o. Venkulu, Aged 52 Years, Occ ; Owner of the Vehicle TG 05 U 6869, R/o 1-47, Sunkenapally Village, Chityala mandal, Nalgonda District. .....PETITIONER AND 1. The State of Telangana, Rep.by its Principal Secretary, Consumer Affairs, Food, and Civil Supplies T.S Secretariat Buildings, Hyderabad. 2. The Additional Collector (Civil Supply) at Siddipet District. 3. The Deputy Tahsildar Civil Supply at Gajwel Mandal, Siddipet District. 4. The Girdawar, at Gajwel, Gajwel Mandal, Siddipet District. 5. The Station House Officer, Gajwel, Gajwel Mandal, Siddipet District. .....RESPONDENTS
Petition Under Nlicle 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 a Writ, Order or direction more particularly one in the nature of Mandamus, declaring the action of the respondents seizing the Petitioner's Lorry vehicle bearing No. TG 05 U 6869 under the cover of seizure panchanama dated 07-07 -2026 by kept the vehicle in the custody of the 5th respondent police station in connection with FIR .No.267 of 2026, dated 07-07-2026 is illegal, arbitrary and against the principles of natural justice and also violation of Articles 19 (1) (g) of the Constitution of lndia and consequently direct the respondent No.2 to release the vehicle to the petitioner. |.A.NO:1 OF 2026 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to release the Petitioner's Lorry vehicle bearing No. TG 05 U 6869. which was seized in connection with FIR No.267 of 2026, dated 07-07-2026, pending disposal of the main writ petition, Counsel for the Petitioner : SRI LAXMAIAH KANCHANI Counsel for the Respondent Nos.1 to 3 : AGP FOR CIVIL SUPPLIES Counsel for the Respondent Nos.4 & 5 : AGP FOR HOME The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.25324 OF 2026 DATE: O5.08.2026
Between : Sri Polepally Lingaiah Petitioner And The State of Telangana, Rep, by Principal Secretary, Consumer Affairs, Food and Civil Supplies, T.S. Secretariat Buildings, Hyderabad and others Respondents ORDER Heard Sri Kanchani Laxmaiah, learned counsel appearing on behalf of the petitioner, the learned Assistant Government pleader for Civil Supplies, appearing on behalf of the respondent Nos.1, to 3 and the learned Assistant Government pleader for Home, appearing on behalf of the respondent Nos.4 & 5. 2. Th Detitioner ooroa ched t Cou seekin q oraver as under: 2 S N,I
"...to issue a Writ, Order or direction more particularly one in the nature of Mandamus declaring the action of the respondents seizing the Petitioners Lorry vehicle bearing No. TG 05 U 6869 under the cover of seizure panchanama dated 07.07.2A26 by kept the vehicle in the custody of the 5th respondent police station in connection with FIR No. 267 of 2026, dated 07.07.2026 is illegal, arbitrary and against the principles of natural justice and also violation of Articles t9(1)(g) of the Constitution of India and consequently dlrect the respondent No. 2 to release the vehicle to the petitioner and to pass.,, 3 The case of the Det ttoner t n b r ief as Der the averments made in the affidavit filed bv the etitioner in suooort of the oresent writ oetition is as under The petitioner ts the owner of Vehicle bearing Registration No. TG 05 U 6869. The petitioner has been using the subject vehicle for transportation of goods on hire. On 07.07.2026, while the vehicle was transporting a consignment of rice, respondent No.5, along with police officia ls, inrercepted and inspected the vehicle, Alleging that the rice appeared to be public Distribution System (PDS) J S N,J
rice, the authorities seized both the rice and the vehicle. Thereafter, by registering F.I.R. No.267 of 2026 dated 07,07.2026, the vehicle was taken into custody and kept under the custody of respondent No.5. The continued detention of the vehicle has deprived the petitioner's livelihood. Aggrieved by the same, the petitioner had approached this Court by filing the present Writ petition. ER E RE DIscUSSION A D CONCLU ION: 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is only seeking release of Vehicle bearing Registration No. TG 05 U 6869, which had been seized in connection with F.I.R. No.267 of 2026 dated 07.07.2026, under Section 318 (4) of BNS, 2023 and Section 7 of Essential Commodities Act, 1955. The learned counsel appearing on behalf of the petitioner further contends that under similar circumstances, this Court p.passed order in favour of petitioner thereunder in W. No.2405 of 2026 vide its order dated 28.01.2026 and therefore, the petitioner herein is entitled for similar relief as 4 SN,] extended to the petitioner in W.P. No.2405 of 2026, dated 28,0r.2026 5. The learned Assistant Government Pleader for Civil Supplies, appearing on behalf of the respondent Nos.1 to 3 and the learned Assistant Government Pleader for Home, appearing on behalf of the respondent Nos.4 & 5 do not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.
6 Takino into considerati n the submission of the learned coun el aooearino on behalf of the Detitioner ha nder simil r n this Court of W.P. No.24O5 of 2O26, dated 28.O1.2026 and had ass in favour of the titio r h r under and dulv con iderinq the said order, th oresent writ oetition is also disoosed of in terms of the order of this Court, dated 28.O1.2O26 oassed in W.P. No.2405 ?t the r CNondents tn rclpase th f )n)R d tr t ln Vehi fln Re ts ion No. TG 5 6 6 to the r e e ti ner fu h a k 5 sN,l ouarantee bv wav of fixed deoosit rasumof Rs.5O,OOO/- (Ruoees Fiftv Thousand only) tl favourof the resoondent No.2 and also uoon the petitaoner furnishinq an undertakinq that the Detationer will not alienate the subiect vehicle or alter its nature or raeta 1nv r t Thara le.aca af tha aa't ar r m h rance on crrhiari v hicle sh A ha crrhiart ta iha a rta6rr'l e nli ha confiscation Dro ceedin os under Sectio 6-A o l the Essential Commodities A 1955. Howev r, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, sha ll stand closed. SD/. C.DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// G SECTION OFFICER To Affairs, Food, and Civil Supplies T S 1 . The Principal Secretary, Consumer Secretariat Buildings, State of Telangana at Hyderabad' at Siddipet District. 2. The Additional Collector (Civil Supply) at Gajwel Mandal, Siddipet District' 3. The Deputy Tahsildar Civil Supply, 4. The Girdawar, at Gajwel, Gajwel Mandal, Siddipet District.
5. The Station House Officer, Gajwel, Gajwel Mandal, Siddipet District' High Court for the state of Telangana 6. Two CCs to GP FOR CIVIL SUPPLIES, at Hyderabad [OUT] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] 8. One CC to SRI LAXMAIAH KANCHANI, Advocate TOPUCI 9. Two CD Copies SA ry. TKS C.C. TODAY HIGH COURT DATED: 05/08/2026 I T a v 1 ( 7 AljG2Uz$ oORDER .b tWP.No.25324 of 2026 t Dnt " DISPOSING OF THE W.P WITHOUT COSTS. (o fl( g