Andhra Pradesh High Court - Amravati
Pilli Obul Reddy vs The State Of Andhra Pradesh on 28 July, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No. 22979 of 2022
O R D E R:-
Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the record.
02. Learned counsel for the petitioner submits that the petitioner is the proprietor of Narmada Rice Mill, Chandavaram Village, Donakonda Mandal, and he is doing business of purchasing paddy from the farmers under Form-X and process the same to get rice and sell such rice by packing in open market for both wholesalers and retailers. On 5.12.2021 at 2.00 am, the respondent No.3 and his staff inspected said rice mill and found 600 bags of rice i.e., 30 tonnes of rice worth of Rs.3,90,000/- and alleging that the said rice is PDS rice seized the said stock under cover of Panchanama and initiated proceedings under Section 6-A of the Essential Commodities Act before the Respondent No.2.
03. Learned counsel for the petitioner further submits that aggrieved by the seizure of the stock, the petitioner filed an application dated 11.01.2022 before the 2nd respondent seeking release of the stock. The 2nd respondent passed an interim disposal order vide Proceedings in Rc.CS1/6A/255/2021, dated 2 09.03.2022, directing the petitioner to produce bank guarantee for an amount of Rs.11,00,000/- from any nationalized bank for a period of 3 years pending 6-A Proceedings. Aggrieved by the same, the present Writ Petition is filed.
04. Having heard the respective counsel and upon perusal of the material available on record, it is an admitted fact that subsequent to the seizure of the rice, a Proceedings under Section 6-A of the Essential Commodities Act, are initiated before the 2nd respondent, who is the competent authority. The illegality and validity of the seizure has to be decided by the 2nd respondent in 6-A Proceedings. However, considering the facts and circumstances of the case and in the light of the latest order passed by a Division Bench of this Court in Onteru Bhaskar v State of A.P., represented by its Principal Secretary, Civil Supplies Department and others1 in our considered opinion, it is appropriate and reasonable to direct the respondent No.2 to release the seized stock in favour of the petitioner on imposing certain conditions, to protect the interest of the Respondents, pending disposal of the 6-A Proceedings by modifying the Order of the 2nd Respondent in Rc.CS1/6A/255/2021, dated 09.03.2022, dated 09.03.2022.
1 2022 SCC Online Ap 348 3
05. Accordingly, the Writ Petition is disposed of with the following directions:
i) The Proceedings of the 2nd respondent in Rc.CS1/6A/255/2021, dated 09.03.2022, dated 09.03.2022, is hereby set aside; and
ii) the Respondent No.2 shall release the rice seized pursuant to the Panchanama dated, 05.12.2021, in favour of the petitioner, on condition of furnishing immovable property security equivalent to the value of the seized rice within a period of Two (02) weeks from the date of receipt of a copy of this Order.
06. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this case shall stand closed.
______________________________ JUSTICE BATTU DEVANAND Date : 28.07.2022 Note: Issue CC by 30-07-2022.
B/o eha 4 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No. 22979 of 2022 Date : 28.07.2022 eha