The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.32432 of 2014 Dated 29.10.2014 Between:
P.Rajavardhan Reddy And The State of Telangana Rep. by its Commissiner, Civil Supplies Dept,., Hyderabad and 2 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.Bollam Lingaiah Yadav Counsel for respondent Nos.1 & 2: GP for Civil Supplies (AP) Counsel for respondent No.3: AGP for Agriculture The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.2 and 3, in not releasing the seized stock of fertilizers worth Rs.6,70,192/- on furnishing bank guarantee in favour of the petitioner, as illegal and arbitrary.
I have heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents.
The petitioner pleaded that he is carrying on business in fertilizers and seeds under license, which is valid up to 13-05-2015; that on 08-10-2014, respondent No.3 and his staff inspected the petitioner’s business premises, during the course of which, they, allegedly, found variation of stocks between the stock register and the ground stock; and that having found the alleged variation to the tune of (i) 124 bags of 14:35:14 (excess), 5 bags of MOP (shortage), 1 bag of 20:20:0:13 (shortage), 14 bags of Super (excess), and 22 bags of DAP (excess), respondent No.3 has seized the entire available stock worth Rs.6,70,192/- and initiated the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), against the petitioner. On 14-10- 2014, the petitioner has filed a petition before respondent No.2 seeking release of the seized stock. As no order has been passed thereon, the petitioner has filed this Writ Petition. Inasmuch as the proceedings under Section 6-A of the Act are pending before respondent No.2, this Court is not inclined to pronounce upon the legality or otherwise of the impugned seizure. As the petitioner is willing to furnish bank guarantee for the seized stock and non-disposal of the seized stock may lead to deterioration in its quality and value, it would be in the interests of justice that the seized stock is released to the petitioner.
In the light of the above discussion, the Writ Petition is disposed of with the direction to respondent No.2 to release the seized stock to the petitioner on his furnishing bank guarantee for the sum of Rs.6,70,192/-, representing the value of the seized stock, as mentioned in Panchanama, dated 08-10-2014, which shall be subject to the result of the proceedings under Section 6-A of the Act pending before him. As a sequel, WPMP.No.40541 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 29th October, 2014
LUR