DATTASAI KISAN SEVA KENDRA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner herein seeks a writ of Mandamus declaring the indefinite seizure of the petitioner petrol and diesel dispensing unit since 5/9/2020 as illegal, arbitrary, unconstitutional, without jurisdiction and violative of Articles 14, 19 and 21 of the Constitution of India and consequently set aside the said seizure.

(2.) Heard Sri P.Shashi Kiran, learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, learned Government Pleader for Civil Supplies appearing for respondent No.4, Sri Dominic Fernandez, learned Standing Counsel for Indian Oil Corporation Limited, for respondent Nos.5 to 7 and perused the record.

(3.) Learned counsel for the petitioner would submit that vide appointment letter, dtd. 28/2/2017, the petitioner was offered dealership of Petrol (Motor Spirit)/High Speed Diesel Oil Retail outlet in the name and style of 'M/s.Sri Datta Sai Kisan Seva Kendra' at Mootakondur Village and Mandal, Nalgonda District. While so, the police, Nandigama, registered FIR No.195 of 2020 against some persons for using fraudulent weight, possession of false weight and cheating the general public in dispensing fuel in some retail outlets. Basing on the confessional statements made by the accused in that crime, the respondent police formed a SOT (Special Officers Team) for investigating into the irregularities at several petrol pumps across the State. The officials of SOT conducted a surprise check at the petitioner's unit on 5/9/2020 and seized the petitioner's unit alleging certain irregularities, which is illegal and arbitrary. No notice was issued to the petitioner before seizing his unit. The petitioner did not commit any offence as alleged. The seizure is not informed to the concerned jurisdictional Magistrate as required under Sec. 102(3) of Cr.P.C. Under the guise of seizure, the petitioner cannot be restrained from doing his business for an indefinite period. Due to the said seizure, the petitioner and its employees are put to mental agony besides financial loss and ultimately prayed to allow the writ petition as prayed for.