Andhra Pradesh High Court - Amravati
Malepati Venkata Suneel Kumar, vs The State Of A.P. on 12 August, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.25418 of 2022
O R D E R:
Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record.
2) During the course of hearing, the learned counsel for the petitioner placed interim disposal order in case No.1(2)/365/2022, dated 08.08.2022, before this Court wherein the 2nd respondent passed order for interim disposal of the seized stock.
3) 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 and vehicle, a proceedings under Section 6A 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 6A proceedings. This Court is not inclined to interfere into the 6A proceedings.
4) 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 vs. State of Andhra Pradesh, represented by its Principal Secretary, 2 Civil Supplies Department and others 1 in our considered opinion, it is appropriate and reasonable to direct the 2nd Respondent to release the seized stock in favour of the petitioner on imposing certain condition, to protect the interest of the Respondents, pending disposal of the 6A proceedings.
5) Accordingly, the writ petition is disposed of with the following directions:
(i) The interim order in case No.1(2)/365/2022, dated 08.08.2022, issued by the 2nd Respondent is hereby set aside.
(ii) The 2nd Respondent shall release the rice seized pursuant to the mediators report, dated 24.07.2022, in favour of the petitioner on condition of furnishing personal or third party immovable security property equivalent to the value of the seized stock, within a period of two (02) weeks from the date of receipt of a copy of this order.
5) There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE BATTU DEVANAND Dt.12.08.2022.
Note: Issue CC tomorrow.
B/o PGR 1 2022 SCC OnLine AP 348 3 THE HON'BLE SRI JUSTICE BATTU DEVANAND W.P.No.25418 of 2022 Dt.12.08.2022 PGR