S.Sudhkar, Vs The State of Telangana

HON’BLE SRI JUSTICE R. KANTHA RAO

W.P.No.10469 of 2015

ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for respondents 1 to 3.

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This Writ Petition is filed seeking to declare the action of the 2^nd respondent in issuing the proceedings dated 26.03.2015 by directing to sell the seized stock in public auction, as illegal and arbitrary.

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Petitioner is the proprietor of M/s. Rajya Laxmi Traders, Marchal Village, Kalwakurthy Mandal, Mahaboobnagar District and and doing rice business. On 25.2.2015, the 3^rd respondent along with other officials inspected the business premises of the petitioner, verified the records & registers, found certain variations, seized the entire available stock and registered a case under Section 6-A of the Essential Commodities Act, 1955. On 4.3.2015, the petitioner filed a petition before the 2^nd respondent for release of the seized stock. The 2^nd respondent vide proceedings dated 26.03.2015 directed to sell the entire seized stock in public auction.

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Learned counsel appearing for the petitioner submits that the 2^nd respondent ought not to have passed the impugned order and if the seized stocks are sold in public auction, irreparable loss would be caused to the petitioner.

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Having regard to the said submissions, this Writ Petition is disposed of with a direction to the respondents not to sell the seized commodities during pendency of proceedings under Section

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6-A of the Essential Commodities Act, 1955, before the 2^nd respondent. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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_____________________ JUSTICE R. KANTHA RAO

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13^th April, 2015 rkk Note: Issue CC by two days.

S.Sudhkar, v. The State of Telangana

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S.Sudhkar, v. The State of Telangana

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