HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.31741 of 2014 Date:24.10.2014 Between:
Kaza Satyanarayana, S/o Jagan Mohan Rao And:
The Govt of A.P., reptd by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Hyderabad and two others.
. Petitioner . Respondents Counsel for the Petitioner: Sri V.H.V.R.R.Swamy 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 E.C.P.No.258 of 2014, dated 04.08.2014, of respondent No.2, whereby he has directed disposal of 212.50 quintals of rice, which was seized along with lorry bearing registration No.AP 16 X 7648, through public distribution system.
At the hearing, the only ground urged by learned counsel for the petitioner is that as per the judgment of a Division Bench of this Court in A.Siva Reddy and others Vs. District Collector, Kurnool, respondent No.2 is bound to issue a notice to the petitioner before ordering sale of the seized commodity.
A perusal of the impugned order shows that respondent No.2 has not referred to any notice issued to the petitioner before ordering disposal of the seized stock through public distribution system.
In view of the legal position laid down in A.Siva Reddy (supra), the impugned order of respondent No.2, passed without notice to the petitioner, cannot be sustained.
Accordingly, the impugned order is set aside. The petitioner is permitted to submit his objections, if any, to the proposed disposal of the seized rice through public distribution system before respondent No.2 within a period of two weeks from today. After considering such objections, respondent No.2 shall take an appropriate decision pending proceedings under Section 6-A of the Essential Commodities Act, 1955 and communicate the same to the petitioner.
The Writ Petition is, accordingly, allowed to the extent indicated above.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.39682 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
JUSTICE C.V.NAGARJUNA REDDY
24th October, 2014 DR