HONOURBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 14697 OF 2010 DATED 25TH AUGUST, 2014.
BETWEEN Nuziveedu Seeds Pvt. Ltd., Hyderabad.
….Petitioner and Government of Andhra pradesh, rep. By its Secretary, Agriculture and Cooperation (FP.II) Department, Secretariat, Hyderabad and ors ….Respondents.
HONOURBLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 14697 OF 2010
ORDER:
Heard the learned Counsel for the petitioner and learned Government Pleader.
This Writ Petition is filed challenging the action of the fourth respondent in initiating proceedings before the third respondent under Section 6-A of the Essential Commodities Act, 1955 in respect of 1770 packets of Maha Mallika BT-II (PRCH- 331) variety of cotton seeds seized by the fourth respondent on 11.5.2010 from the petitioner’s processing plant situate at Dr.NO.1-184, GT Road, N.H.5, Chinakondurupadu village, Pattipadu mandal, Guntur District, vide E.C. Act case No.147/2010-S7, dated 05.06.2010, The learned Counsel for the petitioner placed before me a copy of the order passed by the third respondent in E.C. Act case No. 147/2010-S7, dated 02.04.2012 wherein release of entire seized stock of 1770 packets of Maha Mallika BT-II (PRCH-331) variety cotton seeds to the respondent therein was ordered by warning him to be more careful in future in selling the cotton seeds. It was also directed therein to cancel the Bank Guarantee bearing No. 58/2011, dt. 19.02.2011 for Rs.10.00 lakhs and pay the same to the respondent under proper acknowledgement.
The petitioner furnished bank guarantee for Rs.10.00 lakhs pursuant to the interim order dated 25.06.2010 passed by this Court for release of 1282 packets of Maha Mallika BT.II (PRCH.331) variety of cotton seeds. In the order of the third respondent, release of entire stocks which includes above pockets and balance of 488 pockets of Maha Mallika BT.II (PRCH.331) was ordered.
In view of the proceedings of the third respondent, nothing survives adjudication in the present Writ Petition. Accordingly, the Writ Petition is closed. However, if the bank guarantee is not cancelled already pursuant to the orders of the third respondent, the same shall be cancelled forthwith in view of the proceedings of the third respondent.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed.
JUSTICE A. RAMALINGESWARA RAO Dated 25th August, 2014. Msnro