THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.38877 of 2014 Dated 19th December, 2014 Between:
Chalasani Sridhar …Petitioner And The State of Andhra Pradesh, rep.by its Prl.Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri V.H.V.R.R.Swamy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the seizure of 104.50 quintals of Black Gram and 7.50 quintals of Green Gram under panchanama, dated 16.04.2014, as illegal.
At the hearing, the learned Assistant Government Pleader for Civil Supplies (AP) on instructions submitted that based on the report sent under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), respondent No.2 has initiated proceedings under the said provision and that the same are pending.
Sri V.H.V.R.R.Swamy, learned counsel for the petitioner, submitted that the petitioner is an agriculturist and that therefore he is not liable to obtain any licence under the provisions of the A.P.Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 and that therefore, the very seizure itself is illegal.
The question whether the petitioner has stored the pulses as an agriculturist or he has been doing clandestine business needs to be decided in the pending proceedings under Section 6-A of the Act. Therefore, it is not appropriate for this Court to adjudicate this aspect at this stage.
Accordingly, the writ petition is dismissed with liberty to the petitioner to approach respondent No.2 with an appropriate application seeking release of the seized stock pending proceedings under Section 6-A of the Act.
As a sequel to dismissal of the writ petition, W.P.M.P.No.48705 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 19th December, 2014
VGB