Andhra Pradesh High Court - Amravati
Aitha Srikanth, vs State Of Andhra Pradesh, on 1 March, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.4978 of 2021
ORDER:
Heard the learned Counsel for the petitioner and the learned Government Pleader for Civil Supplies. At their request, the Writ Petition is being disposed of at the stage of admission.
The action of respondent No.5, in seizing 40 tonnes of rice belonging to petitioner under a cover of mediators report dated 22.02.2020 in connection with Crime No.58 of 2021 of Chatrai Police Station, is questioned in the Writ Petition as being illegal and arbitrary.
Petitioner is a commission agent, who used to purchase rice directly from the farmers and millers and transport the same. While so, respondent No.5 seized the lorries along with 40 tonnes of rice, belonging to the petitioner under mediators report dated 22.02.2020 and registered Crime No.58 of 2021 of Chatrai Police Station. The rice seized is not at all PDS rice and the same is purchased from farmers.
On 30.09.2014, the Government of India excluded paddy and rice from the purview of Essential Commodities Act. In pursuance of the circular of the Government of India, the Government of A.P. issued a circular dated 09.04.2015 removing restrictions on paddy and rice and excluded the same from the purview of A.P. Schedule Commodities Dealers (Licence and Regulation) Order, 2008. Hence, no case is maintainable in respect of paddy and rice under Section 6-A 2 or 7 of the Essential Commodities Act. Now, the petitioner filed the instant Writ Petition seeking release of stock.
Learned Government Pleader for Civil Supplies submits that the petitioner may be directed to file an application before respondent No.3 seeking release of the subject stock.
The allegation against the petitioner is that he is transporting PDS rice. Whether the same is PDS rice or not can only be decided in an enquiry under Section 6-A of the Essential Commodities Act. The authorities can seize rice if the same is PDS rice. As the main relief that is sought is release of seized rice. The Writ Petition is disposed of giving liberty to the petitioner to file an application before respondent No.3 seeking release of the subject stock. If such an application is filed, respondent No.3 is directed to dispose of the same within a period of two weeks from the date of receipt of the application, strictly, in accordance with law. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.
_________________________________ KONGARA VIJAYA LAKSHMI, J Date:01.03.2021 Klpd 3 THE HON'BLE JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.4978 OF 2021 Date: 01.03.2021 KLPD