This writ petition concerning the seizure of a lorry under the Essential Commodities Act was disposed of without adjudicating merits. The court directed the petitioner to file an application for release before the 2nd respondent first.
Petitioner granted liberty to approach 2nd respondent for release of seized vehicle within 7 days.
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HON’BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.27764 of 2021
ORDER :
This writ petition is filed seeking the following relief/s:
“..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in not releasing petitioner’s lorry bearing No.AP 24 TB 0321 Ashok Leyland HMV pursuant to FIR No.194/2021 dated 18.09.2021 for the offences 420 of IPC, 1860 and 7 of EC Act, 1955 despite showing the bills and other relevant documents and receipt of APSCSCL Analysis report as Non PDS rice, as illegal, irregular, irrational, vitiated by non application of mind to the relevant factors and material on record and violative of Articles 14 and 19 of Constitution of India and also the provisions of the Essential Commodities Act, 1955, and rules and regulations framed thereunder and consequently direct the 2nd respondent to release petitioner’s Lorry bearing No.AP 24 TB 0321 Ashok Leyland HMV on execution of self bond or alternatively on production of third party security and pass such other order or orders....”
Having heard learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies appearing for the respondents 1 & 2 and learned Assistant Government Pleader for Home appearing for the 3rd respondent, as it is stated by learned Assistant Government Pleader for Civil Supplies that proceedings under the provision of Section 6-A of the Essential Commodities Act, 1955 were initiated and the owner of the seized stock filed application for release of the stock but the petitioner approached this Court straight away without filing application for release of the vehicle before the 2nd respondent, this Court, without going into the merits of the matter, in the interests of justice, felt it appropriate to dispose of the writ petition giving liberty to the petitioner to approach the 2nd respondent by way of filing application for release of the seized vehicle, as per law.
Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to file a petition for release of the seized vehicle before the 2nd
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respondent, within a period of seven (07) days from the date of receipt of a copy of this order. On the petitioner filing such petition, the 2nd respondent shall consider the same and pass appropriate orders, as per law, within a period of seven days thereafter, and communicate the decision taken to the petitioner. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
________________ M. GANGA RAO, J
30.11.2021 Vjl
3
HON’BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.27764 of 2021
30.11.2021
Vjl
3 issues framed by the court
Whether a lorry seized under the Essential Commodities Act should be released upon petition or via application to the executing authority.
Whether the petitioner approached the court directly without exhausting remedies by applying for release to the 2nd respondent.
How to dispose of the writ petition to preserve rights while directing the petitioner to follow legal procedure for vehicle release.
2 provisions across 2 enactments
Petitioner
Assistant Government Pleader for Civil Supplies
Assistant Government Pleader for Home
M. GANGA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
