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Jai Kisan Seeds and Seed Processors, v. Government of Andhra Pradesh rep. by its Principal

Telangana HC4 Jul 2014WP/18226/2014

Case brief

AI extract

What is this about?

The court was served with a writ petition regarding the removal of seized seed stock. The petitioner, a seed dealer, requested the release of the entire stock as the agricultural season demanded its disposal. The court ordered the release of the stocks subject to the recovery of an enforceable bank guarantee for their value.

What did the court decide?

The petitioner is directed to deposit an enforceable bank guarantee for the value of the seized stocks to secure their release.

Jai Kisan Seeds and Seed Processors… — Constitutional and Fundamental Rights | Telangana HC (2014)

¶1

HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR

¶2

WRIT PETITION No.18226 OF 2014

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ORDER:

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Heard learned counsel for the petitioner and learned Government Pleader for Food and Agriculture appearing for respondent Nos.1, 2 and 4.

¶5

The grievance of the petitioner in this writ petition is that he is a dealer in Seeds and his entire stock is seized on the ground that there is variation with regard to stock of seeds listed at item 12 of the statement showing details of stock, in opening stock, weighment and differences found. Though there is a marginal variation with regard to some of the other items, major variation appears to be with regard to MTU-1121 Stock. However, the petitioner submits that the entire stock is seized and on account of which even the stock for which there is no variation or marginal variation is also not available to the petitioner.

¶6

In view of the ensuing agricultural season, the seeds are necessary to be disposed of failing which the entire stock worth Rs.18,41,000/- will become worthless.

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Learned government pleader has taken instructions and submits that proceedings under Section 6(A) of the Essential Commodities Act, 1955, are already initiated and the matter is seized of by respondent No.2-Collector including the request of respondent No.4 for considering the request for release of the stock.

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Since the value of the seized stock appears to be worth Rs.18,41,000/-, this writ petition is disposed of directing respondent No.2 to consider the release of stocks subject to recovery of enforceable bank guarantee from the petitioner for the value of the stock, within a week from today, so that the stocks can be utilized without allowing them to go waste. The Collector shall be free to fix the value of the stocks for the purpose of fixing the bank guarantee amount.

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With the above direction, the writ petition is disposed of.

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Miscellaneous applications pending, if any, shall stand closed. There shall be

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no order as to costs.

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VILAS V. AFZULPURKAR, J

¶13

July 4, 2014 Note: Furnish copy by today. {B/o} LMV

Jai Kisan Seeds and Seed Processors, v. Government of Andhra Pradesh rep. by its Principal

Case brief

What is this about?

What did the court decide?

Jai Kisan Seeds and Seed Processors, v. Government of Andhra Pradesh rep. by its Principal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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