The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.38280 of 2014 Dated 12.12.2014 Between:
Damerla Srinivasa Rao And The State of A.P., rep. by its Prl.Secretary Civil Supplies Dept., Hyderabad and 2 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.VHVRR.Swamy Counsel for the respondents: GP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of the respondents in seizing the stocks of 1336 kgs of Red Gram, 307 kgs of Raw Bengal Gram Dal, 487 kgs of Black Gram, 14.5 kgs of Green Gram, 432 liters of Ground Nut oil, 75 kgs of Ground nut Oil, 437 liters of Sun Flower Oil, 1347 liters of Palm Oil and 147 liters of R.B.Oil, under panchanama, dated 06-09-2014, of respondent No.3, as illegal.
A perusal of the record shows that on the allegation that the petitioner was found to have indulged in sale of the scheduled commodities without license, the above-mentioned stocks were seized under panchanama, dated 06-09-2014.
The question whether the seizure is illegal or not needs to be decided by respondent No.2 in the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), which are stated to be pending before him. Therefore, this Court is not inclined to adjudicate this aspect in this Writ Petition. However, as the petitioner is stated to have made an application on 01.12.2014, seeking release of the seized stocks, and no order is stated to have been passed thereon by respondent No.2 so far, the said respondent is directed not to sell the seized stocks till disposal of the proceedings under Section 6-A of the Act. Respondent No.2 is also directed to conclude the proceedings under Section 6-A of the Act and pass a final order within two months from the date of receipt of this order.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.47907 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 12th December, 2014
LUR