Disposed

Sri Lakshmi Traders, v. The District Collector

Telangana HC8 Oct 2012WP/31374/2012

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought release of seized rice stocks. The Court held that release was inappropriate while proceedings under Section 6-A of the Essential Commodities Act, 1955 were pending. Consequently, the seizure sale was stayed to prevent financial loss, and the authority was directed to dispose of proceedings within three months.

What did the court decide?

Petition dismissed without directing release of seized stock; respondent directed not to sell seized commodities pending disposal of proceedings and to conclude proceedings within three months.

Sri Lakshmi Traders, Vs The District… — Constitutional and Fundamental Rights | Telangana HC (2012)

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The Hon'ble Sri Justice C.V.Nagarjuna Reddy

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Writ Petition No.31374 of 2012

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Date: 08-10-2012

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Between: Sri Lakshmi Traders, Khammam AND

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..... Petitioner

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The District Collector, Khammam and 2 others

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.....Respondents

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Counsel for the petitioner: Sri MMM.Srinivasa Rao for Mr.Kowturu Vinaya Kumar

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Counsel for the respondents: AGP for Civil Supplies

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The Court made the following:

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Order:

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The petitioner is a rice trader. It has averred that the Regional Vigilance and Enforcement Team, Warangal, inspected its premises, and seized the stocks available in the said premises. The petitioner filed a petition on 22.09.2012 before respondent No.1

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for release of the seized stock. As no order has been passed and auction notice vide Rc.No.E/7845/2012, dated 24-09-2012, has been issued for sale of the seized stock, the petitioner filed the present Writ Petition.

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At the hearing, Sri Kowturu Vinaya Kumar, learned Counsel for the petitioner, submitted that none of the allegations, on which the seizure of the stock was made, is sustainable, and that the petitioner is entitled to release of the seized stock.

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In my opinion, when the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), have been initiated and pending before respondent No.1, it is not appropriate for this Court to pronounce upon the merits of the case and direct release of the seized stock pending such proceedings.

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Having regard to the fact that the seized commodities are not perishable in nature and that their sale pending proceedings under Section 6-A of the Act is likely to cause huge financial loss to the petitioner in the event of its succeeding in the pending proceedings under Section 6-A of the Act, it would be in the interest of justice that the seized stock is not sold till finalisation of proceedings under Section 6-A of the Act.

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Accordingly, while declining to direct release of the seized commodities to the petitioner, respondent No.1

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is directed not to sell the seized commodities pending disposal of proceedings under Section 6-A of the Act. Respondent No.1 is also directed to dispose of the proceedings under Section 6-A of the Act within a period of three months from the date of receipt of a copy of this order.

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Subject to the above directions, the Writ Petition is disposed of.

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As a sequel, WPMP.No.40010 of 2012, filed by the petitioner for interim relief, is disposed of as infructuous.

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______________________ (C.V.Nagarjuna Reddy, J) Date: 08-10-2012 lur

Sri Lakshmi Traders, v. The District Collector

Case brief

What is this about?

What did the court decide?

Sri Lakshmi Traders, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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