The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36284 of 2014 Dated 27.11.2014 Between:
Sri Sai Lakshmi Rice & Flour Mill, Rep. by its Proprietor Smt.Asam Varalakshmi …Petitioner And The State of A.P., Rep. by its Prl.Secretary, Food and Civil Supplies Dept., Hyderabad and 2 others.
…Respondents Counsel for the petitioner: Mr.Mavidi Rama Rao Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of the respondents, in seizing the petitioner- Rice Mill along with 634.35 quintals of rice and 182.50 quintals of spoiled rice, as illegal and arbitrary.
In the affidavit, filed in support of this Writ Petition, it is averred that on 01-11-2014, an inspection of the petitioner- Rice Mill has taken place and the above-mentioned stock was seized under a Panchanama. The main grievance of the petitioner is that though an application was made by its Proprietor on 06-11-2014 to respondent No.2 seeking release of the Rice Mill and also the seized stock, no action has been taken thereon.
At the hearing, Mr.Mavidi Rama Rao, learned Counsel for the petitioner, while conceding that a copy of the purported application, dated 06-11-2014, has not been filed, has, however, asserted that such an application was filed before respondent No.2 though the same was prepared to be presented before the Joint Collector. He has further stated that, for the time being, his client will be satisfied, if respondent No.2 is directed not to sell the seized stocks pending the proceedings under Section 6- A of the Essential Commodities Act, 1955 (for short ‘the Act’).
In the light of the above submissions and after hearing the learned Counsel for both the parties, respondent No.2 is directed not to sell the seized stocks pending proceedings under Section 6-A of the Act. He is further directed to complete the said proceedings within a period of six weeks from the date of receipt of this order.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel, WPMP.No.45419 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 27th November, 2014
LUR