HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.37828 of 2014 Date:09.12.2014 Between:
M/s Sai Krupa Parboiled Rice Industries, Amangal Village, Reptd its Partner-S.Krishna, S/o S.Lachaiah . Petitioner And:
The State of Telangana., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri Bollam Lingaiah Yadav Counsel for the Respondents: GP for Civil Supplies (Telangana State) The Court made the following:
ORDER:
This Writ Petition is filed on an apprehension that respondent No.2 is likely to sell the seized stocks of rice, paddy, broken rice and bran, in all worth Rs.3,68,81,760/-, in public auction.
The petitioner is a parboiled Rice Mill. On 25.11.2014, the petitioner-mill was inspected by the Deputy Tahsildar, Enforcement, Shadnagar along with his team and huge quantities of rice, paddy, broken rice and bran were seized from the petitioner-mill on the ground of alleged variations. Based on the seizure report, respondent No.2 has evidently initiated proceedings against the petitioner under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’).
It is averred in the affidavit, filed in support of the Writ Petition, that on 28.11.2014, the partner of the petitioner-mill has filed an Objection Petition before respondent No.2, wherein he has requested for release of the seized stock pending proceedings under Section 6-A of the Act. As no order thereon has been passed by respondent No.2 and the petitioner apprehends disposal of the seized stock without notice to it, it has filed the present Writ Petition.
After hearing learned counsel for both parties, I am of the opinion that sale of seized stock pending finalization of proceedings under Section 6-A of the Act may cause serious financial loss to the petitioner. Therefore, it would be in the interests of justice that the seized stock is not sold pending completion of the proceedings under Section 6-A of the Act. Accordingly, respondent No.2 is directed not to sell the seized stock and complete the proceedings under Section 6-A of the Act within two months from the date of receipt of a copy of this order.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, W.P.M.P.Nos.47317 and 47318 of 2014 are disposed of as infructuous.
09th December 2014 DR
JUSTICE C.V.NAGARJUNA REDDY