Partly allowed

Sri Hanuman Ware House, Near Mg Auto Nagar, Meenapuram v. The District Collector (Civil Supplies), Kadapa

Telangana HC12 Mar 2007WP/4898/2007

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an interim disposal order passed by the District Collector regarding seized scheduled commodities. The Hon'ble Court held that the Collector failed to record requisite satisfaction and opinion mandated by Section 6A(2) of the Essential Commodities Act. Consequently, the order was set aside, though fresh orders were permitted if passed in accordance

What did the court decide?

The order dated 19-02-2007 setting aside the order dated 19-02-2007 is allowed at the stage of admission. The first respondent cannot direct interim disposal of seized commodities until a fresh order

Sri Hanuman Ware House, Near Mg Auto Nagar, Meenapuram… — Consumer Protection | Telangana HC (2007)

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THE HON’BLE SRI JUSTICE GODA RAGHURAM

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W.P.No.4898 of 2007

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12-03-2007

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Between:Sri Hanuman Ware House, Near MG Auto Nagar, Meenapuram Road, Kothapally Grampanchayat, Proddatur Mandal, Kadapa district rep., by its Manager, D.V. Subba Reddy, Modempalli, Proddatur, Kadapa district.

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Petitioner

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And

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The District Collector (Civil Supplies), Kadapa, Kadapa district and two others.

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Respondents

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THE HON’BLE SRI JUSTICE GODA RAGHURAM

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W.P.No. 4898 of 2007

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Oral order:

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A huge quantity of pulses -- 4931.50 quintals of Bengal Gram; 3350 quintals of Red Grams and 562.50 quintals of Cow pea were found stored in the petitioner’s godown on an inspection by the Civil Supplies Enforcement Unit, Tirupathi on 19-02-2007. The stocks were seized under a mediator’s report on an allegation that the petitioner was carrying on business and had purchased and stored the scheduled commodities without a license under the provisions of the Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 (for short ‘the Control Order’), which is in force.

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By the impugned order dated 27-02-2007, the first

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respondent ordered interim disposal of the seized commodities in purported exercise of power and authority under Section 6A (2) of the Essential Commodities Act, 1955 (for short ‘the Act’). The first respondent has failed to record the requisite satisfaction and opinion as mandated by the provisions of Section 6A (2) of the Act. A similar issue came to be considered by this court and the principles have been laid down in the judgment dated 27-02-2007, in W.P.No. 3761 of 2007.

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For reasons alike, as recorded in W.P.No. 3761 of 2007 dated 27-02-2007, the first respondent’s order dated 19-02-2007 is set aside. The first respondent is however at liberty to pass a fresh order in accordance with law and the principles and observations recorded in W.P.No. 3761 of 2007. Till a fresh order is passed in accordance with law, the first respondent shall not direct interim disposal of the seized commodities.

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The writ petition is allowed as above, at the stage of admission after hearing the learned Government Pleader for Civil Supplies. No costs.

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____________________ GODA RAGHURAM, J

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Dated:12-03-2007 Pvks/*

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Nb: Furnish c.c. in three days. B/o pvks/*

Sri Hanuman Ware House, Near Mg Auto Nagar, Meenapuram v. The District Collector (Civil Supplies), Kadapa

Case brief

What is this about?

What did the court decide?

Sri Hanuman Ware House, Near Mg Auto Nagar, Meenapuram v. The District Collector (Civil Supplies), Kadapa

Case brief

What is this about?

What did the court decide?

What the court decided

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