HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.1756 of 2014 Date: 24-01-2014 Between:
Burgula Ramachander Rao .. Petitioner AND The Government of Andhra Pradesh, represented by its District Collector (Civil Supplies), Warangal and 2 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.1756 of 2014 ORDER:
This writ petition is filed for declaring the order dated 22- 01-2014 in ECAC.No.16 of 2014 in File No.F1/84/2014 passed by the 1st respondent directing the 3rd respondent to sell the seized stocks from the rice mill of the petitioner as illegal and arbitrary and for setting aside the said order.
2. The case of the petitioner is that the petitioner is the proprietor of M/s. Sri Lakshmi Ganapathi Industries, situated at Ladella village, Atmakur Mandal, Warangal District and he is carrying on business of rice milling by obtaining food grains dealers licence from the competent authority and that there were no complaints against him about the said business. It is stated that on 07-01-2014 and 08-01-2014, the 2nd respondent-the Assistant Supply Officer, on the basis of credible information, he received, visited the rice mill and verified the books of accounts and stated to have noticed some variations in the books of accounts. On the basis of said variations, the 2nd respondent effected seizure of 296 bags of Grade-A paddy, 15 quintals of broken rice, 987 quintals of super fine paddy, 61 quintals of rice under cover of a Panchanama. It is further stated that on receipt of report from the 2nd respondent initiated proceedings under Section 6-A of the Essential Commodities Act, which was numbered as EAC.No.17 of 2014 for confiscation of seized stocks and the 1st respondent issued notice dated 22-01-2014 under Section 6-B of the Act calling for explanation of the petitioner. The 1st respondent also issued proceedings dated 22-01-2014 directing the 3rd respondent to sell the seized stocks as the same are perishable commodities. It is further stated that the seized stocks of rice and paddy are not perishable commodities and the variations are in permissible limits. Aggrieved by the same, the present writ petition has been filed.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.
4. In the present case, the learned counsel for the petitioner states that the petitioner submitted his explanation to the show cause notice issued to him and that the petitioner will be able to substantiate his case in the enquiry to be conducted under Section 6-A of the Essential Commodities Act. He also further stated that a notice under Section 6-B of the Act was issued to the petitioner. He further stated that the seized stocks are not yet all perishable goods and that no necessity of issuing proceedings for selling the same.
5. Having regard to the facts and circumstances of the case and in view of the fact that the notice under Section 6-B of the Act was issued to the petitioner and an enquiry under Section 6-A of the Act is pending consideration before the 1st respondent, I deem it appropriate to direct the 1st respondent-District Collector (Civil Supplies), Warangal, to complete the enquiry under Section 6-A of the Essential Commodities Act pending before him and pass appropriate orders thereon within a period of three (3) weeks from the date of receipt of a copy the order. Till such orders are passed, the stocks seized from the petitioner rice mill shall not be sold.
6. With the above directions, the writ petition is disposed of. No costs. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 24-01-2014 Ksn