Between:
Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.32871 of 2014 Date:05.11.2014 Nuni Narayana Rao, S/o Suryanarayana And The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and two others.
.. Petitioner .. Respondents Counsel for the petitioner: Smt V.Padmaja Reddy Counsel for the respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2, in proposing to conduct auction of the stock seized under mediators report, dated 17.10.2014, without passing orders on the petitioner's petition, dated 26.10.2014, as illegal and arbitrary.
I have heard Smt V.Padmaja Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh).
The petitioner pleaded that he is a dealer in rice; that on 17.10.2014, he sold rice to M/s Veerabhadra Rice and General Stores, Allavaram, East Godavari District; that when rice was dispatched to the purchaser through vehicle bearing registration No.AP 05 T 4189, the same was intercepted by the vigilance officials and the rice along with the lorry was seized; and that proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) were initiated by respondent No.2 based on the seizure report. The petitioner is stated to have filed a petition on 26.10.2014 before respondent No.2 for release of the seized stock. As no order is stated to have been passed thereon and the petitioner is apprehending auction of the seized stock, he has filed the present Writ Petition.
At the hearing, the learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh), on oral instructions, submitted that so far, no decision has been taken by respondent No.2 on the petition filed by the petitioner.
Inasmuch as the seized commodity is rice, which is not immediately perishable, it would be appropriate that the same is not sold till completion of the proceedings under Section 6-A of the Act.
Accordingly, respondent No.2 is directed not to dispose of the seized stock pending the proceedings under Section 6-A of the Act. He is also directed to complete the proceedings under Section 6-A of the Act and pass a final order within a period of two months from the date of receipt of a copy of this order.
The Writ Petition is, accordingly, disposed of.
As a sequel, WPMP.No.41104 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.NAGARJUNA REDDY, J)
05th November 2014 dr