HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.31914 of 2014 Date : 13-11-2014 Between:
Pasupulati Srinivasa Rao and another ..
Petitioners And The Government of Andhra Pradesh, Represented by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad and others ..
Respondents Counsel for petitioner : Sri V.H.V.R.R. Swamy Counsel for respondent Nos.1 to 3 : Assistant Government Pleader for Civil Supplies (AP) The Court made the following ORDER:
This Writ Petition is filed for a mandamus to declare the seizure of 136 Quintals of rice along with lorry bearing No.AP-20-X-8771 under panchanama dated 7-8-2014 as illegal and arbitrary.
At the hearing, the learned Assistant Government Pleader for Civil Supplies, on instructions, submitted that though the seizure was made under panchanama dated 7- 8-2014, so far the report under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”) has not been sent to respondent No.2.
On this admitted position, the very seizure itself is rendered illegal in view of the mandate under Section 6-A of the Act as per which the report under the said provision shall be sent by the inspecting official to the Collector “without unreasonable delay”. In this view of the matter, the seizure of the rice as well as the lorry is declared as illegal. Respondent No.2 is directed to forthwith release the seized rice as well as the vehicle to the petitioners unconditionally.
The Writ Petition is accordingly allowed.
As a sequel to the disposal of the Writ Petition, WPMP No.39886 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 13-11-2014 AM