Writ petition seeking declaration that failure to refund Rs.1,88,000 was arbitrary and illegal was closed after learned Government Pleader stated petitioner's son received the amount.
No order as to costs; petition closed subject to finding that amount was refunded.
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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.5448 of 2014
Order:
This Writ Petition is filed to declare the action of the respondents in not refunding the amount of Rs.1,88,000/- even though the copy of order passed in ECCMA No.84 of 2009 dated 20.10.2011 is submitted, as arbitrary and illegal.
The case of the petitioner is that he is a licensed rice miller and the respondents registered a case under Section 6-A of the Essential Commodities Act and an order was passed on 18.09.2009 confiscating 80% of the seized stock; petitioner filed an appeal bearing ECCMA No.84 of 2009 on the file of the Principal District Judge, West Godavari district, Eluru; during the pendency of the said appeal, stay was granted subject to condition of furnishing bank guarantee for the value equivalent to the seized stock; as the bank guarantee was not accepted, petitioner gave demand draft for Rs.3,76,000/- on 21st October 2009; the said ECCMA was allowed in part reducing the order of confiscation from 80% to 40% and hence petitioner requested for refund of the amount of Rs.1,88,000/; as the same was not returned, the present Writ Petition is filed.
Today, when the matter came up for hearing, learned Government Pleader has passed on a Xerox copy of the statement made by the petitioner’s son stating that he has received the said amount of Rs.1,88,000/-.
In view of the same, no further orders are necessary to be passed in the present Writ Petition and the same is, accordingly, closed. There shall be no order as to costs.
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As a sequel thereto, the miscellaneous petitions, if any, pending in
this Writ Petition shall stand closed.
_____________________________ KONGARA VIJAYA LAKSHMI, J
Date:18.02.2022 Nsr
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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.5448 of 2014
Date:18.02.2022
Nsr
Petitioner
Respondents
KONGARA VIJAYA LAKSHMI
As recorded by the court registry
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