(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FOURTH DAY OF DECEMBER, TWO THOUSAND AND THIRTEEN :PRESENT:
THE HON'BLE SRI JUSTICE: A. RAJASHEKER REDDY WRIT PETITION NO: 37907 of 2013 Between:
M/s. Thumbalam Maheboob Traders, Sy. No. 178 C1, Basapuram Road, Adoni, Kunrool District, rep. by its Proprietor, C. Ali Moinuddin.
. Petitioner AND
1. The Regional Vigilance and Enforcement Officer, Ashok Nagar, Kurnool, Kurnool District.
2. The District Collector, Kurnool (Civil Supplies), Kurnool District.
3. The Tahsildar,Adoni, Kurnool District.
4. The State of A.P., rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Hyderabad.
. Respondents WHEREAS the Petitioner, above named through its Advocate Sri G. Narendra Chetty, presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith the High Court may be pleased to issue an appropriate writ, order or direction more particularly in the nature of Mandamus declaring that the search and seizure of the stock of 4650 bags of Ground Nuts each weighing 35 kgs, and 378 bags of Ground Nut Seeds each weighing 45 kgs, from the premises of the petitioner on 21-09-2013, by the First Respondent, even though no variation in stock or other discrepancies was found, and without recording reason to believe that any contravention has been, is being, or about to be committed, as required under Clause 17(1)(b) of the A.P. Scheduled Commodities Dealers (Licencing, Storage and Regulation) Order, 2008, as illegal, without jurisdiction, nonest, and contrary to the principles laid down by various Hon’ble High Courts and consequently set aside the same and direct the Respondents to release and return the seized stocks to the petitioner forthwith and also declare the interim disposal order, dated 18-11-2013 of the Second Respondent as illegal;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri G. Narendra Chetty, Advocate for the petitioner and the Asst. Govt. Pleader for Civil Supplies for the Respondents, directed issue of notice to the Respondents herein returnable to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in the Writ Petition;
You viz.,
1. The Regional Vigilance and Enforcement Officer, Ashok Nagar, Kurnool, Kurnool District.
2. The District Collector, Kurnool (Civil Supplies), Kurnool District.
3. The Tahsildar,Adoni, Kurnool District.
4. The Principal Secretary, Civil Supplies Department, Govt. of A.P., Secretariat Buildings, Hyderabad.
are directed to show cause, on or before 22-01-2014 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.
WPMP. No. 45925 of 2013:
Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in the Writ Petition, the High Court may be pleased to grant stay of the proposed sale of the seized stock by public auction pursuant to the interim disposal order of the Second Respondent in Rc. CS1/DSO/E.C. no.121/2013, dated 18-11-2013, pending disposal of the Writ Petition No. 37907 of 2013 on the file of the High Court.
(Contd. 2.
) . 2 .
THE COURT FURTHER MADE THE FOLLOWING ORDER:
“Notice before admission.
At the request of learned Assistant government pleader for Civil Supplies, post on 22.01.2013 for obtaining instructions. Meanwhile, there shall be interim stay as prayed for.”
To, // TRUE COPY // ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The Regional Vigilance and Enforcement Officer, Ashok Nagar, Kurnool, Kurnool District.
2. The District Collector, Kurnool (Civil Supplies), Kurnool District.
3. The Tahsildar,Adoni, Kurnool District.
4. The Principal Secretary, Civil Supplies Department, Govt. of A.P., Secretariat Buildings, Hyderabad. (Addresses Nos. 1 to 4 BY RPAD ALONG WITH A COPY OF PETITION AND AFFDIAVIT)
5. Two CCs to the Govt. Pleader for Civil Supplies, High Court of A.P., Hyderabad. (OUT)
6. One CC to Sri G. Narendra Chetty, Advocate (OPUC)
7. One spare copy. BV HIGH COURT ARR.J DATED: 24-12-2013 NOTE:
POST ON 22-01-2014 NOTICE BEFORE ADMISSION W.P.NO. 37907 OF 2013 INTERIM STAY DRAFTED: BY BV DATED: 27-12-2013 HIGH COURT ARR.J DATED: 24-12-2013 NOTE: POST ON 22-01-2014 NOTICE BEFORE ADMISSION W.P.NO. 37907 OF 2013 INTERIM STAY