THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.29955 of 2014 Between: Mohd.Azhar And Dated 08th October, 2014 …Petitioner The Government of Telangana, rep.by Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri V.H.V.R.R.Swamy Counsel for the respondents: GP for Civil Supplies (TG) The Court made the following:
ORDER:
This writ petition is filed for declaring the seizure of 35.44 qtls., of rice and 36 kgs of wheat under panchanama, dated 08.08.2014, as illegal and void.
I have heard the learned counsel for the parties and perused the record.
The petitioner was found carrying on business without a licence during the inspection made by the task force on 08.08.2014 and the above noted quantities were seized following the said inspection under panchanama, dated 08.08.2014. It is the pleaded case of the petitioner that he has applied for food grains dealership on 27.03.2014 and that as no decision was taken thereon, he has commenced the business in food grains.
The learned Government Pleader for Civil Supplies, on instructions, submitted that following the report submitted by the task force officials, respondent No.2 has initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) and that the application made by the petitioner before him for release of the seized food grains is pending.
Inasmuch as the legality or otherwise of the seizure is subject matter of the proceedings under Section 6A of the Act before respondent No.2, it is not appropriate for this Court to adjudicate on the same at this stage. As the petitioner’s application for release of the seized stocks is pending before respondent No.2, the said respondent is directed to consider and pass appropriate order on the said application within one week from the date of receipt of a copy of this order. It is needless to observe that till the disposal of the application as directed above, seized stock shall not be sold.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.37422 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 08th October, 2014
VGB