Disposed

Polisetty Narayanarao, v. The State of Andhra Pradesh

Andhra Pradesh HC9 Dec 2021WP/29009/2021

Case brief

AI extract

What is this about?

The High Court directed the seizure of the petitioner's fertilizer stock to be released if an application is filed before the concerned authority. The petitioner was granted liberty to file the application within five days, with a directive for the authority to consider it expeditiously within six days.

What did the court decide?

Liberty granted to file an application for release of seized fertilizers before the 2nd respondent; directed authority to consider application expeditiously.

Polisetty Narayanarao, Vs The State of Andhra… — Property and Title | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.29009 OF 2021

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ORDER:-

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The grievance of the petitioner is that the 3^rd respondent has illegally seized the petitioner’s fertilizers stock of 23.690 metric tones fertilizers worth of Rs.4,15,013/- alleging that the petitioner has not maintained the stock registers and other related documents as per the provisions of Clause 5 and 35(1) of the Fertilizer (Control) order 1985, Read With Section 6A of the Essential Commodities Act, 1955 (for short ‘EC Act’).

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Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents.

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Learned counsel for the petitioner submits that that the 3^rd respondent seized the stocks without giving an opportunity to the petitioner to explain the variations in the stocks and seizure of the fertilizer stocks under the cover of panchanama is illegal and arbitrary.

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Learned Assistant Government Pleader submits that for release of stocks the petitioner has to approach the concerned authority under the provisions of Section 6A of the EC Act and further submits that without such application, the Writ Petition is not maintainable.

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Having considered the facts and circumstances of the case and submission of both the counsels and perused the record, this Writ Petition is disposed of giving liberty to the petitioner to file

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appropriate application for release of the seized fertilizers before the 2^nd respondent within a period of five days from the date of receipt of a copy of this order. On submission of such application for release of the stock, the 2^nd respondent is directed to consider the same as per law as expeditiously as possible within a period of six days from the date of submission of such application and pass a reasoned order and communicate the same to the petitioner. There shall be no order as to costs.

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Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.

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__________________________ JUSTICE M.GANGA RAO

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Date: 09-12-2021 Note : Issue CC by 10.12.2021. B/o AKN

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.29009 OF 2021

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Date: 09-12-2021

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AKN

Polisetty Narayanarao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Polisetty Narayanarao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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