HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38425 of 2014 Date:15.12.2014 Between: P.Srinivasa Babu, S/o Veera Raghavaiah . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Department of Civil Supplies, Hyderabad and two others.
. Respondents Counsel for the Petitioner: Sri K.Joseph Counsel for the Respondents: AGP for Civil Supplies (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside endorsement, vide E.C.Act Case No.773/2014-S7, dated 21.11.2014, of respondent No.2, whereby he has declined to release the seized stocks to the petitioner on furnishing bank guarantee.
The petitioner is the Proprietor of a trading rice mill. His pleaded case is that on the eve of expiry of license in the year 2012, he has submitted the same for renewal by paying license fees through challan No.2397, dated 27.03.2012; that the license remained with the licensing authority without being renewed; and that he continued to pay the renewal fees for the years 2013 and 2014 through challan Nos.0020054998 and 15172, dated 26.03.2013 and 27.03.2014, respectively. While so, the rice mill was inspected on 22.09.2014, on some allegations including the one that relates to non-renewal of the trading license.
The petitioner further averred that on his application filed for release of the seized stocks, respondent No.2 has issued the impugned endorsement to the effect that as the petitioner does not have the food grains license, his request for the release of the seized stocks on furnishing bank guarantee cannot be considered.
The challans referred to above, copies of which have been filed by the petitioner in this Writ Petition, would prima facie show that the petitioner has been paying the renewal fees during the past three years. Respondent No.2 does not appear to have considered this aspect.
At any rate, non-renewal of food grains license being one of the allegations for which the stocks of the petitioner have been seized and the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') have been initiated, I am not inclined to adjudicate on this aspect at this stage. However, respondent No.2 is directed to complete the proceedings under Section 6-A of the Act and pass a final order, after notice to the petitioner, within six weeks from the date of receipt of a copy of this order.
Till completion of the proceedings under Section 6-
A of the Act, the seized stocks of the petitioner shall not be sold. Respondent No.2 is also directed to ensure that the locks of the petitioner’s mill are removed to enable him to run the rice mill.
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.48103 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
15th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY