HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.31459 of 2014 Date:20.10.2014 Between:
Kakarla Ramesh Babu, S/o Viswanadham . Petitioner And:
The State of A.P., , reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and two others.
. Respondents Counsel for the Petitioner: Sri K.Joseph Counsel for the Respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside order in ECP.No.315 of 2013, dated 04.02.2014, of respondent No.2, whereby he has directed disposal of 174.52 quintals of PDS rice seized from the petitioner’s mill.
A perusal of the impugned order shows that the main ground on which the seized stock was directed to be disposed of was that the petitioner has not produced the Food Grains license to do the business in rice.
In para-3 of the affidavit, filed in support of the Writ Petition, the petitioner has specifically stated that he had a valid license issued by the District Supply Officer, Guntur District, vide License No.1770/W&R, under the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008; that the said license expired on 31.03.2013; and that later, he has submitted an application before the licensing authority for renewal.
Inasmuch as this pleading is verifiable with reference to the evidence that may be produced by the petitioner, I am of the opinion that interests of justice would be met if the seized rice is not sold pending disposal of the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) by respondent No.2.
Accordingly, the Writ Petition is allowed and the impugned order is set aside. Respondent No.2 is directed not to sell the seized stock of the petitioner till disposal of the proceedings under Section 6-A of the Act. Respondent No.2 is also directed to dispose of the proceedings under Section 6-A of the Act within a period of three months from the date of receipt of a copy of this order.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.39326 of 2014 filed by the petitioner for interim relief stands disposed of as infructuous.
20th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY