The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.32391 of 2014 Dated 29.10.2014 Between:
M/s.Kamadhenu Kirana and General Stores, Visakhapatanam rep. by its Proprietor Una Sunil Kumar Patro.
…Petitioner And The State of A.P., Rep. by its Prl.Secretary, Civil Supplies Dept., Hyderabad and 2 others …Respondents Counsel for the petitioner: Mr.VVN.Narayana Rao 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 inaction of respondent No.2, in releasing the petitioner’s seized stock pending proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), as illegal and arbitrary.
I have heard Mr.VVN.Narayana Rao, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies representing the respondents.
The petitioner pleaded that it is carrying on business in pulses and edible oils in wholesale and retail in terms of the license obtained under the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008; that the petitioner has received certain consignments from Chennai through lorry bearing registration No.AP 31 TB 4595 (appears to have been wrongly typed for AP 16 TB 4595 as evident from the mediators report, dated 25-09-2014) and that while the same were being delivered, respondent No.3 along with Vigilance Officials seized the lorry along with 70 quintals of maize, 80 quintals of peas and 60 quintals of Yellow Masuri Dal. Based on the seizure report, proceedings under Section 6-A of the Act were initiated against the petitioner. The petitioner is stated to have submitted its representation before respondent No.2 on 01-10-2014 requesting to release the seized stock. As no order has been passed thereon, the present Writ Petition is filed.
As the proceedings under Section 6-A of the Act are pending, I am of the opinion that it would be in the interests of justice that the seized stock is not sold in public auction till disposal of the said proceedings. Accordingly, respondent No.2 is directed not to sell the seized stock pending proceedings under Section 6-A of the Act. He is also directed to complete 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. Liberty is given to the petitioner to approach respondent No.2 for release of the registers and records to enable it to carry on the business in the interregnum.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.40490 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 29th October, 2014
LUR