Disposed

K. Srinivasa Rao v. The State of Andhra Pradesh

Andhra Pradesh HC10 Dec 2021WP/18652/2020

Case brief

AI extract

What is this about?

In a writ petition challenging the seizure of rice stocks under the Essential Commodities Act, the Court directed the respondents to conclude the Section 6-A confiscation proceedings and pass reasoned orders within six weeks, acknowledging the petitioner's inability to furnish required security.

What did the court decide?

Directed the respondents to conclude the Section 6-A proceedings and pass reasoned orders within six weeks from the date of receipt of this order.

K. Srinivasa Rao Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE M. GANGA RAO

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Writ Petition No.18652 of 2020

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ORDER :

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This writ petition is filed seeking the following relief/s:

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“..to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 herein in seizing the stocks i.e., 53 bags of paddy each containing 70 Kgs., 369 bags of rice each containing 50 Kgs., 182 bags of broken rice each containing 50 Kgs., and 20 bags of bran rice each containing 50 Kgs under mediators report dt.24.9.2020 as being illegal, arbitrary, and unjust and consequently set aside the same and further direct the respondent No.2 to release the seized stocks pursuant to mediators report dt.24.9.2020 and to pass such other further order..”

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The petitioner claims to be the owner of the seized stocks. The stocks along with the lorry was seized under the cover of mediatornama dated 24.09.2020 and also registered a criminal case in FIR No.236/2020 under Section 420 IPC and Section 7 of Essential Commodities Act on the ground that the said rice is PDS rice. The Deputy Tahsildar filed a report before the Collector (CS), Guntur under Section 6-A of Essential Commodities Act requesting to confiscate the entire seized stock to the Government. In pursuance to the orders of this Court in W.P.No.18489 of 2020 dated 12.10.2020 filed by this petitioner and interim order dated 14.10.2020 passed in this Writ Petition, a notice dated 21.11.2020 was served on the petitioner to furnish immovable property security for value of the seized stocks i.e., Rs.15,00,818/-, but the petitioner failed to submit any immovable property security to get the stock released. Learned counsel for the petitioner submits that the petitioner is unable to furnish immovable property security and seeks a direction for early disposal of 6A proceedings.

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Learned Assistant Government Pleader for Civil Supplies states that 6-A proceedings will be completed as per the law and seeks to grant sufficient time.

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4, Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the record, this Court, in the interests of justice, felt it appropriate to dispose of the Writ Petition directing the respondents to conclude 6-A proceedings initiated against the petitioner in respect of the seized stock and pass appropriate reasoned orders as expeditiously as possible, within a period of six (6) weeks from the date of receipt of a copy of this order and communicate the same to 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, miscellaneous petitions, if any, pending shall stand closed.

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___________________ M. GANGA RAO, J

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10.12.2021 CSR

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HON’BLE SRI JUSTICE M. GANGA RAO

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Writ Petition No.18652 of 2021

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10.12.2021

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CSR

K. Srinivasa Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

K. Srinivasa Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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