HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.28343 of 2014 Date: 22-09-2014 Between:
N. Veera Reddy and 2 others .. Petitioners AND The Joint Collector, SPSR Nellore District and 3 others .. Respondents ORDER:
HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.28343 of 2014 This writ petition is filed for a mandamus declaring the order of the 1st respondent passed in Rc.B/458/2014, dated 08-08-2014 in seizing the rice and ordering sale of seized stocks as illegal and arbitrary and for a consequential direction to release the seized stocks of paddy rice.
2. The case of the petitioners is that they are agriculturists and are having various agricultural lands. It is stated that on 04-07-2014 the Vigilance and Enforcement Department, Nellore along with other officers including the 2nd respondent inspected the mill of the petitioners and seized the available stock of rice on the ground that they are purchasing PDS rice. There after, the petitioners made an application to the 2nd respondent under Section 6-A and 6-E of Essential Commodities Act, 1995 for release of seized stocks and the same was rejected on 08-08-
2014 directing sale of seized stocks. Aggrieved by the same, the present writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.
4. Learned counsel for the petitioner submits that the petitioners have not committed any violation of the Control Order, 2008 and they are able to substantiate their case in the enquiry under Section 6-A of the Essential Commodities Act and that if the seized stocks are not released, the petitioners will suffer irreparable loss.
5. Since it is stated that an enquiry under Section 6-A of the Essential Commodities Act, 1955 is pending and the petitioners are able to substantiate their case in the said enquiry , the respondents are directed not to sale the seized stocks pending enquiry under Section 6-A of the Act. However, the 1st respondent is directed to complete the enquiry under Section 6-A of the Essential Commodities Act, 1955, as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of the order.
Accordingly, the writ petition is disposed of. No costs.
As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 22-09-2014
Note: Issue C.C. tomorrow.
B.O./Ksn