M/S. Sravanthi Fertilizers, v. The State Of Telangana, Rep. By Its Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.20985 OF 2015 Between:

M/s.Sravanthi Fertilisers. .. Petitioner And The State of Telangana, Rep. by its Commissioner of Civil Supplies Department, Ex-Officio Secretary, Civil Supplies Bhavan, Somajiguda, Hyderabad and others. .. Respondents DATE OF JUDGMENT PRONOUNCED: 20-07-2015 SUBMITTED FOR APPROVAL:

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.20985 of 2015 ORDER:

Heard the learned counsel for the petitioner and learned Government Pleader for Civil Supplies.

The petitioner was doing fertilizer business under the name and

style of 'M/s.Sravanthi Fertilizers'. On 02.07.2014, the third respondent came to the shop and inspected the same. Based on the variation in the stock, 6A proceedings were initiated, and the stock of fertilizers of Rs.50,01,723/- was seized. Thereafter, an enquiry was conducted, and a final order was passed on19.11.2014 ordering confiscation of 20% of seized stock worth Rs.10,00,345/-. Challenging the same, the petitioner preferred Criminal Appeal No.96 of 2014. The learned Sessions Judged modified the order of confiscation of 20% seized stock to Rs.44,302/-. The petitioner deposited the amount of Rs.44,302/- and submitted a representation on 02.03.2015. The grievance of the petitioner is that, in spite of depositing the amount, stock was not released. Hence the Writ Petition. When the Writ Petition came up for consideration on 09.07.2015, it was adjourned by one week. Even today also, no instructions are obtained by the learned Government Pleader for Civil Supplies.

In the circumstances, this Court is inclined to direct the second respondent to consider the case of the petitioner, as presented by them on 02.03.2015, pursuant to the order passed by the learned Principal Sessions Judge, Mahabubnagar, in Crl.A.No.96 of 2014 dated 16.02.2015, and pass appropriate orders for release of stock, if any, within a period of thirty days from the date of receipt of a copy of this order.

The Writ Petition is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of. No order as to costs.

_______________________________ A. RAMALINGESWARA RAO,J Date:20.07.2015 usd