Andhra Pradesh High Court - Amravati
Akula Venkata Satya Vara Prasad, vs The State Of Andhra Pradesh, on 19 July, 2022
Author: Battu Devanand
Bench: Battu Devanand
HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.16967 OF 2022
ORDER:
Heard learned counsel for the petitioner and the learned Government pleader for civil supplies and perused the record.
2. The case of the petitioner is that the petitioner is doing business in seed processing under the name and style of M/s Growell Seeds, which is located at Door No. 1-143, Veeravalli, Bapulapadu Mandal, Krishna District having valid license from the competent authorities and the petitioner has been running the business without any complaints from whom so whatsoever and to the utmost satisfaction of the concerned authorities without violating any provisions of the Act.
3. 4th respondent along with vigilance and enforcement team inspected the business premises of the petitioner and seized the stock available in the business premises pursuant to the mediators' report dated 13.06.2017 and seized the stock worth of Rs.5,88,250/-on certain allegations. Proceedings under Section 6-A of the Essential Commodities Act, 1955 are initiated against the petitioner. The 2nd respondent, being the competent authority, under Section 6-A of the Essential Commodities Act, passed an order in E.C.P No.229 of 2017, dated 29.12.2018 confiscating the 100% sale 2 proceeds of the seized stock in favour of the Government and also imposed penalty of Rs.25,000/-.
5. Aggrieved by the same, the petitioner filed an appeal under Section 6-C of the Essential Commodities Act, 1955 before the Sessions Judge, Krishna, Machilipattanam. The said appeal was allowed and the learned Sessions Judge, by order, dated 22.06.2021 has set aside the order passed by the 3rd respondent. As per the learned counsel for the petitioner, the respondents ought to have return the value of the confiscated stock along with Rs.25,000/- which was paid as penalty on 15.12.2020. It appears that the petitioner has submitted an application dated 27.10.2021 seeking return of seized stock and an amount of Rs.25,000/- which was paid as penalty. Aggrieved by the inaction of the respondent Nos.2 and 3 in respect of the application submitted by the petitioner dated 27.10.2021, the present writ petition has been filed.
6. This Court directed the learned Government pleader for civil supplies on 24.06.2022 to get instructions from the 2nd respondent. As the learned Government pleader could not place any instructions before this Court, again on 29.06.2022, this Court directed the respondents to file their counter affidavit. Even on 13.07.2022 also, the learned Government pleader could not get the instructions or file counter of the respondents. Under those circumstances, this Court directed the 2nd respondent to appear before this Court 3 and submit instructions. Accordingly, the 2nd respondent appeared before this Court and submits that an amount of Rs.2,00,000/-, which is the value of the confiscated stock, along with an amount of Rs.25,000/- paid as penalty towards full and final settlement of the amount for which the petitioner is entitled in connection with the case in E.C.A No.8/21 in E.C.P No.229/17.
7. Learned counsel for the petitioner also filed a memo bearing USR No.42823 of 2022 admitting the payment to the petitioner.
8. Considering the above facts and circumstances, in the considered opinion of this Court, further adjudication in this case is not required, as the request of the petitioner is considered and the value of the confiscated stock along with the penalty amount was already returned to the petitioner basing on the representation of the petitioner.
9. Accordingly, placing the memo filed by the petitioner on record, this writ petition is closed.
There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any in this case, shall stand closed.
______________________________ JUSTICE BATTU DEVANAND 19.07.2022 Furnish C.C by 22.07.2022 MP 4 250 HON'BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.16967 of 2022 19.07.2022 MP 5