HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40340 of 2014 Date:29.12.2014 Between:
Sri Padmavathi Rice Mill, Sangam Village, Reptd by its Proprietor-Gadde Penchala Rao . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and four others.
. Respondents Counsel for the Petitioner: Sri Kowturu Vinaya Kumar 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 proceedings in Rc.B.727/2014, dated 23.12.2014, of respondent No.2, whereby she has directed sale of 520.56 quintals of paddy, 417.75 quintals of rice and 25 quintals of broken rice seized from the petitioner-mill, pending the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’).
At the hearing, Sri Kowturu Vinaya Kumar, learned counsel for the petitioner, submitted that the very seizure of the above-mentioned stocks is wholly illegal and that the direction of respondent No.2 to sell the seized stock is unreasonable. Learned counsel has strongly urged this Court to direct release of the seized stocks.
In my opinion, while the petitioner is not entitled for release of the seized stock, its sale, pending the proceedings under Section 6-A of the Act, causes serious prejudice to his interests.
Considering the fact that the seized stock is not subject to speedy and natural decay, the impugned order of respondent No.2, directing sale of the seized stock, is set aside. Respondent No.2 is directed to allow the seized stock to remain on “as is where is basis” till the disposal of the proceedings under Section 6-A of the Act. She is also directed to dispose of the proceedings under Section 6-A of the Act within two months from the date of receipt of a copy of this order.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.50592 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
29th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY