High Court for State of TelanganaWP/33283/2017disposed of no costs

M/S Om Sreedhar Traders, Rep. By Its Prop. R.D.Sreedhar v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2017-10-06A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.33283 of 2017 ORDER:

The petitioner is represented by its Proprietor who is running the shop in the name of M/s.Om Sreedhar Traders in the premises bearing Door No.6/130, Babu Agraharam, Srikalahasti, Chittoor District, under a valid licence. The licence is valid up to 29.06.2018. The respondents inspected the shop on 05.09.2017 and seized 3109 litres of Palmolein oil and 81 litres of Sunflower oil and 6A proceedings are pending before the second respondent. The seized stock was kept in the custody of the Proprietor of Ayyappa General Stores. When an order was passed on 19.09.2017 by the second respondent directing the Tahsildar to dispose of the seized stock through public auction after fixing the upset price as per local market rate, the present Writ Petition is filed.

Learned Counsel for the petitioner submits that the impugned order was passed without issuing any notice to the petitioner and the petitioner is interested in taking back the goods by providing necessary security. But, as on today, due to miscommunication, no application is filed by the petitioner. In the circumstances, liberty is given to the petitioner to submit an application to the second respondent within one week from the date of receipt of a copy of this order seeking release of the seized stock, and the second respondent shall

consider the same and pass appropriate orders in accordance with law. The impugned order shall remain suspended for a period of ten days in order to enable the petitioner to make an application as aforesaid. The above direction will come into operation only if the order dated 19.09.2017 is not implemented so far.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 05.10.2017 Note: Issue C.C in three days.

B/o.