Petitioner challenged seizure of rice alleging arbitrary action violating fundamental rights. Court found writ petition misconceived without specific cause of action and dismissed it.
Declaration that respondent action is illegal and mandatory directions to conduct quality tests before seizure were denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.28692 of 2021
ORDER:
This writ petition is filed seeking the following relief’s:
Learned counsel for the petitioner submits that the petitioner is doing
paddy, rice and pulses business in the name and style of Sri Kali Rice and General Merchants. The respondent authorities are frequently coming to the petitioner’s shop and alleging that petitioner was storing PDS rice are seizing the stock without conducting any test as to whether the rice is PDS rice or not. Therefore, the petitioner is seeking directions to the respondents to examine the stock as to whether it is PDS rice or not by the qualified technicians of the Food Corporation of India or qualified persons before seizing the stock and initiating proceedings under the provisions of the Essential Commodities Act, 1955.
Having heard learned counsel for the petitioner and on perusal of the material record, this Court found that such a relief cannot be granted to the petitioner, without there being any specific cause of action. The writ petition is misconceived and is liable to be dismissed.
Accordingly, the Writ Petition is dismissed. No order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
______________ M.GANGA RAO, J 07.12.2021 Vjl
THE HON’BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.28692 of 2021
07.12.2021
Vjl
1 issue framed by the court
Validity of a writ petition seeking directions to conduct quality tests before seizing PDS rice alleging illegal action by respondents.
Kali Rice and General Merchants
Respondent Authorities
M. GANGA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
