THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.34767 of 2014 Dated: 19.11.2014 Between:
Sri Venkata Lakshmi Modern Rice Mill Rep. by Buddepu Venkata Ramana and another .. Petitioners and The State of Andhra Pradesh, Rep.by its Principal Secretary, Civil Supplies Department, Hyderabad, and others.
.. Respondents Counsel for the petitioners: Mr. V.S.R. Murthy 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 respondent No.3 in seizing 563.60 quintals of rice, 1052 quintals of paddy, 29.06 quintals of bran, 265 quintals of discoloured rice and 12 quintals of broken rice besides the mill itself, as illegal and arbitrary.
At the hearing, the learned Assistant Government Pleader for Civil Supplies (A.P.) has fairly stated that the respondents have no power to seize the mill and that the same will be immediately released to the petitioners. As regards the seizure and proposed sale of the stocks, the learned Assistant Government Pleader has submitted that in the light of the interim order passed by this Court, the same has been postponed.
Inasmuch as the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), are stated to be pending before respondent No.2, he is directed not to sell the seized stock pending disposal of the said proceedings before him. Respondent No.2 is also directed to immediately release the mill to the petitioners along with the registers to enable them to run the mill. Respondent No.2 is further directed to complete the proceedings under Section 6-A of the Act and pass a final order within two months from the date of receipt of this order.
Subject to the above directions, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.43491 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 19th November, 2014 IBL