HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 13119 OF 2009 DATED 27th November, 2014.
BETWEEN M/s. miryalaguda Rice Industries Pvt. Ltd., Sagar Road, Miryalaguda, Nalgonda District. Rep. by its MD Ranga Ranzith Kumar ….Petitioner And The Commissioner of Civil Supplies Government of AP, Hyderabad and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 13119 OF 2009
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
This Writ Petition was filed challenging action of the respondents in not returning 183.50 quintals of raw rice super fine BPT seized from the petitioner on 25.08.2008.
It is the case of the petitioner that pursuant to a ride on 19.08.2008 and seizure of paddy, rice and broken rice on that day, a show cause notice was issued on 21.08.2008 and the petitioner submitted an explanation on 01.09.2008., An order was passed on 29.12.2008 confiscating 10% of the value of the alleged quantity of rice sold by the petitioner in open market over and above the petitioner’s entitlement in favour of the Government. Against the said order, the petitioner filed Crl.A.No.7 of 2009 on the file of the Court of the Sessions Judge, Nalgonda. It is the case of the petitioner that the respondents also seized 183.50 quintals of raw rice super fine BPT from the mill of the petitioner on the date of ride itself and it has nothing to do with the said proceedings. The petitioner though filed a petition before the third respondent on 30.04.2009 requesting for release of the said 183.50 quintals of raw rice super fine BPT seized from the mill of the petitioner on 25.08.2008, no order was passed till today.
This Court by order dated 06.03.2014 directed the third respondent to consider the representation of the petitioner dated 30.04.2009 and pass appropriate orders there on within a period of four weeks from the date of receipt of a copy of the said order.
The learned counsel for the petitioner submits that no orders have been passed pursuant to the direction of this Court dated 06.03.2014.
In view of the same, this Writ Petition is disposed of directing the third respondent to consider the representation of the petitioner dated 30.04.2009 and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. It is open to the petitioner to take necessary steps pursuant to the orders to be passed by the third respondent.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 27th November, 2014. Msnrx