HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38187 of 2014 Date:11.12.2014 Between:
M/s Mahalaxmi Traders, Hyderabad, reptd by its Proprietor- Peddi Raju . Petitioner And:
The State of Telangana, reptd by its Ex-Officio Secretary and Commissioner of Civil Supplies, Hyderabad and another.
. Respondents Counsel for the Petitioner: Sri N.Siva Reddy Counsel for the Respondents: GP for Civil Supplies (TS) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2, in not passing order on the petitioner’s application, dated 19.11.2014, filed for stay of sale of 166.95 quintals of rice seized under panchanama, dated 18.10.2014, as illegal and arbitrary.
I have heard Sri N.Siva Reddy, learned counsel for the petitioner and learned Government Pleader for Civil Supplies (Telangana State).
The petitioner is a dealer in food grains and other scheduled commodities. The petitioner averred that it has sold 200 quintals of raw rice to M/s Surya Food Industries, Krushnoor, Maharashtra, vide Invoice No.011, dated 17.10.2014; that the sold stock was loaded in lorry bearing registration No.AP26 Y2376; that the said lorry was intercepted by the Deputy Tahsildar (Enforcement) along with other staff on 28.10.2014 at Bahadurpura, Hyderabad; that the said lorry was seized under panchanama on the ground that the way-bill was not tallying with the stock found in the lorry; that after handing over the seized stock to MLS Point, Circle-III, Bahadurpura, Hyderabad, a report under Section 6-A of the Essential Commodities Act, 1905 (for short ‘the Act’) was sent to respondent No.2; and that accordingly, proceedings under Section 6-A of the Act have been initiated.
The petitioner has filed an application, dated 19.11.2014, before respondent No.2 to stay sale of the seized stock pending disposal of the proceedings under Section 6-A of the Act. As no order thereon has been passed by respondent No.2, the petitioner filed this Writ Petition.
Learned Government Pleader for Civil Supplies (Telangana State) submits that as respondent No.2 is busy with some other official work, no order has been passed on the petitioner’s application.
In my opinion, respondent No.2 is not justified in keeping the petitioner’s application pending without passing any order, though 20 days had elapsed from the date of receipt of the same. As rice is not subject to speedy and natural decay, it is appropriate that the same is not sold pending the proceedings under Section 6-A of the Act.
For the above-mentioned reasons, the Writ Petition is disposed of directing respondent No.2 not to sell 166.95 quintals of rice belonging to the petitioner till conclusion of the proceedings under Section 6-A of the Act.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.47786 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
11th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY