HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29594 of 2014 Date : 13-11-2014 Between:
E. Viswanadha Reddy ..
Petitioner And The State of A.P., Represented by its Secretary, Food, Civil Supplies & Consumer Affairs Department, Secretariat, Hyderabad and others ..
Respondents Counsel for petitioner : Sri V. Sudhakar Reddy Counsel for respondents : Assistant Government Pleader for Civil Supplies (AP) The Court made the following ORDER:
This Writ Petition is filed for a mandamus to declare seizure of 425 Quintals of rice belonging to the petitioner as illegal and arbitrary. The petitioner has also questioned the proceedings in Rc.CS1/6-A/239, dated 3-9-2014 of respondent No.2 whereby he has directed respondent Nos.4 and 5 to distribute the seized rice through Public Distribution System in the month of October 2014.
This Court, by order dated 26-9-2014 granted interim order for four weeks.
No counter-affidavit is filed by the respondents. Inasmuch as proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short "the Act") are pending, I do not feel inclined to deal with the various issues raised by the petitioner on merits. It will suffice if a direction is issued to respondent No.2 to complete the pending enquiry.
Accordingly, the Writ Petition is disposed of with the direction to respondent No.2 to expeditiously complete the enquiry under Section 6-A of the Act and pass a final order. The petitioner is permitted to raise all legally permissible pleas, including the jurisdiction of respondent No.2 to initiate proceedings under Section 6-A of the Act. If such issue is raised, respondent No.2 shall advert to the same and render findings thereon. Till the completion of the proceedings and passing a final order, the seized stock shall not be sold.
As a sequel to the disposal of the Writ Petition, WPMP No.36969 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 13-11-2014 AM