The Court disposed of a writ petition challenging the seizure of red gram stocks. It directed respondents not to sell the seized stock pending Section 6-A proceedings and ordered completion of those proceedings within six weeks.
Direction not to sell seized stocks pending Section 6-A proceedings; completion of proceedings within six weeks.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6382 of 2011
Dated 1 4 th March, 2011
Between:
P.Srinivas
…Petitioner
And
The District Collector, Anantapur and another
…Respondents
Counsel for the petitioner: Sri N.Ranga Reddy Counsel for respondents: AGP for Civil Supplies
The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in seizing the stocks of red gram dal and red gram worth Rs.16,54,496/- as illegal and arbitrary.
I have heard Sri N.Ranga Reddy, learned counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies.
A perusal of the record shows that following an inspection of the petitioner’s dal mill on 04.02.2011 by the Inspector (V & E), Anantapur and Tahsildar, Kadiri, a report under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) was sent to respondent No.1 and the entire stock was seized. Show-cause notice, dated 05.03.2011, has been issued by respondent No.1. Simultaneously, on the same day, respondent No.1 passed order directing interim disposal of the seized stock.
At the hearing, the learned counsel for the petitioner submitted that the allegations, on which, the stocks have been seized are false and that the petitioner is prepared to explain to the satisfaction of
respondent No.1, if an opportunity is given in this regard in the proceedings under Section 6-A of the Act. He further submitted that the petitioner has neither indulged in illegal business nor violated any conditions of the A.P.State Public Distribution System (Control) Order, 2008 and case is foisted.
After hearing the learned Assistant Government Pleader for Civil Supplies, I am of the opinion that since the proceedings under Section 6-A of the Act are pending, it is not appropriate for this Court to render findings on merits. Having regard to the nature of the allegations and the magnitude of the stock seized, I am of the opinion that interests of the parties can be balanced by directing that the seized stock shall not be sold, pending completion of the proceedings under Section 6-A of the Act.
Accordingly, the writ petition is disposed of with the direction to the respondents not to sell the seized stock, pending completion of the proceedings under Section 6-A of the Act. Respondent No.1 is directed to complete the proceedings under Section 6-A of the Act and pass a final order, after hearing the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
As a sequel to disposal of the writ petition, W.P.M.P.No.7956 of 2011 filed by the petitioner for interim relief is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
14th March, 2011 VGB
2 issues framed by the court
Whether the court can render findings on merits while proceedings under Section 6-A of the Essential Commodities Act are pending.
Whether the seized stock of red gram dal shall be sold pending the completion of the section 6-A proceedings.
2 provisions across 2 enactments
P.Srinivas
The District Collector, Anantapur
Another
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
