HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.24464 of 2014 Date: 27-08-2014 Between:
M/s. Sri Balaji Modern Rice Mill, Peddipalem village, represented by its Proprietor Sri Chenna Rama Raos .. Petitioner AND The Government of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.24464 of 2014 ORDER:
The writ petition is filed for a Mandamus declaring the action of the 2nd respondent in not releasing the seized stocks which were seized on 12-08-2014 from the petitioner’s Rice Mill, as illegal and arbitrary and for a consequential direction to the respondents to release the seized stocks and to open the lock and key of the Rice Mill, to enable the petitioner to run the rice mill, by disposing the case under Section 6 A of the Essential Commodities Act, 1955 (for short ‘the Act’).
2. The case of the petitioner is that the 4th respondent inspected the rice mill of the petitioner on 12-08-2014 and seized certain stocks on the ground of violation of Control Orders issued under Section 3 of the Act and the petitioner has not received any notice under Section 6 B of the Act from the respondents, but the respondent authorities are taking steps for disposal of the seized stocks. Aggrieved by the same, present writ petition is filed.
3. Learned counsel for the petitioner submits that the petitioner unit has not committed any violations and the petitioner unit will be able to substantiate its case in the enquiry under Section 6 A of the Act. He further submits the respondent authorities also seized the Form-B licence of the petitioner. Heard learned Assistant Government Pleader for Civil Supplies.
4. In the instant case, since the enquiry under Section 6 A of the Act is pending, the 2nd respondent is directed to conclude the enquiry under section 6 A of the Act within a period of eight (8) weeks from the date of receipt of a copy of this order. Till conclusion of the enquiry under Section 6-A of the Act, the seized stocks shall not be sold. Since it is stated that the petitioner unit is having valid and subsisting licence, the respondents are also directed to return Form-B licence to the petitioner so as to enable it to run the rice mill.
5. With the above direction, writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 27-08-2014 Ksn