The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.35203 of 2014 Dated 20.11.2014 Between:
Kolli Prasada Rao …Petitioner And The Govt. of A.P., Rep. by its Prl.Secretary, Civil Supplies, Hyderabad and 2 others.
…Respondents Counsel for the petitioner: Mr.VHVRR.Swamy Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed with the grievance that respondent No.3 has not been releasing the sum of Rs.40,430/-, representing the value of 25% of the goods confiscated vide Order, dated 28-03-2011, passed by respondent No.3, under Section 6-A of the Essential Commodities Act, 1955, even though Criminal Appeal No.307 of 2011, filed by the petitioner against the aforesaid confiscation order, was allowed by the learned District and Sessions Judge, Guntur, on 15-06- 2012.
At the hearing, Mr.VHVRR.Swamy, learned Counsel for the petitioner, has fairly conceded that, before approaching this Court, his client has not made any representation to respondent No.3 to release the amount representing the value of 25% of the confiscated goods.
In my opinion, the petitioner ought to have first approached respondent No.3 with a request to release the said amount before availing the remedy under Article 226 of the Constitution of India, in the event, such request is not responded to by or rejected by respondent No.2. The petitioner is, therefore, permitted to make a representation to respondent No.3. Within four weeks from the date of receipt of such representation, respondent No.3 shall consider the same, pass appropriate order thereon and communicate the same to the petitioner.
Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.
As a sequel, WPMP. No.44036 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 20th November, 2014
LUR