Andhra Pradesh High Court - Amravati
WP/23799/2022 on 2 August, 2022
Author: Battu Devanand
Bench: Battu Devanand
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No. 23799 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 doing business in boiled rice and wheat. Usually he purchases the said boiled rice and wheat in Tamilnadu State and supply them to different traders in Nellore City. During the course of business, he purchased 402 bags of boiled rice and 152 kgs of wheat each weighing 50 kgs in Redhills of Tamilnadu State and got loaded 250 bags of boiled rice and 152 bags of wheat in a lorry bearing No. AP 26 TD 7839 and TN 23 Q 4911 respectively. When the vehicles were proceeding to Nellore, the 4th respondent along with Vigilance and Enforcement Officers, inspected the said vehicles in Akkampet Village on NH.16 on 24.04.2022 at 11.00 am, and found 250 bags of boiled rice and 152 bags of wheat and alleging that the rice is PDS rice seized the said stock along with the vehicles under cover of Panchanama, dated 24.04.2022. 2
03. Learned counsel for the petitioners further submits that aggrieved by the seizure of the stock, the petitioner filed Representation before the 2nd respondent seeking release of the stock. The 2nd respondent passed an order vide Proceedings in Rc.B.33/2022, dated 14.06.2022, directing the respondent No.3 to dispose of the seized stock through public Action. 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 stock, 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 others 1 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 1 2022 SCC Online Ap 348 3 Proceedings by modifying the Order of the 2nd Respondent in Rc.B.33/2022, dated 14.06.2022.
05. Accordingly, the Writ Petition is disposed of with the following directions:
i) The Proceedings of the 2nd respondent in Rc.B.33/2022, dated 14.06.2022, is hereby set aside; and
ii) the Respondent No.2 shall release the stock seized pursuant to the Panchanama dated, 24.04.2022, in favour of the petitioner, on condition of furnishing immovable property security 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.
06. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this case shall stand closed.
______________________________ JUSTICE BATTU DEVANAND Date : 02.08.2022 Note: Issue CC by 03-08-2022.
B/o eha 4 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No. 23799 of 2022 Date : 02.08.2022 eha