Disposed

L Ramesh v. the State of Ap

Andhra Pradesh HC15 Dec 2020WP/5663/2019

Case brief

AI extract

What is this about?

This order directed the respondent to release seized rice bags to the petitioner subject to furnishing a bank guarantee for 50% of the value and a personal bond for the balance, leaving the final disposal to pending proceedings under Section 6-A of the Essential Commodities Act, 1955.

What did the court decide?

Directed the third respondent to release the seized rice to the petitioner subject to furnishing a bank guarantee and personal bond.

L Ramesh Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2020)

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.5663 of 2019

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ORDER:

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This Writ Petition is filed questioning the seizure of 393 bags of rice in Crime No.56 of 2019 by the third respondent under Panchanama dated 31.3.2019 from Sri Jagadamba Modern Rice Mill, Velugodu village & Mandal, Kurnool District, as arbitrary and illegal.

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The case of the petitioner is that he is the proprietor of the rice mill and he purchased the paddy from ryots in surrounding village, milled the said paddy and stocked the rice in the rice mill. The third respondent seized the said rice and the vehicles, and registered Crime No.228 of 2018 on 25.10.2018. The same was questioned in Writ Petition No.229 of 2019 and the said writ petition was disposed of, directing the respondents therein to release the seized rice bags on furnishing bank guarantee for 50% of the value of the rice and personal bond for the remaining 50% of the value of the rice. As per the said order, the rice was released to the petitioner on 12.3.2019. After release, the rice was stocked in the rice mill and after 15 days the third respondent seized the said rice of 393 bags. The contention of the petitioner is that the third respondent is not authorized to seize the said rice under the Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018. Questioning the same, the present writ petition is filed.

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When the matter came for admission, on 13.8.2019 the following order is passed:

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Taking into consideration of the facts and circumstances of the case and in the light of the orders passed by this Court in WP No.229 of 2019, the third respondent is directed to release the seized rice of 393 bags (each bag contains 50 Kgs) seized under the cover of panchanama, to the petitioner subject to his furnishing a bank guarantee for 50% of the value of the rice and personal bond for the remaining 50% of the value of the rice.

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Learned Government Pleader for Civil Supplies submits that the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short, 6-A proceedings) are still pending against the petitioner. Learned counsel for the petitioner submits that pursuant to the interim direction, the seized rice of 393 bags were released to the petitioner. He further submits that the petitioner will abide by the final order that will be passed under 6-A proceedings.

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In view of the same, as the seized rice is already released to the petitioner pursuant to the interim direction, the same is subject to the final order that will be passed in the 6-A proceedings pending against the petitioner.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.

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________________________________ KONGARA VIJAYA LAKSHMI, J

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December 15, 2020 YS

L Ramesh v. the State of Ap

Case brief

What is this about?

What did the court decide?

L Ramesh v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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