G.H.Phani Kumar, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE R. KANTHA RAO W.P.No.2780 of 2015 ORDER:

Heard learned counsel appearing for the petitioner, learned Government Pleader for Civil Supplies appearing for respondents 1 to 3 and learned Government Pleader for Home appearing for the 4th respondent.

This Writ Petition is filed seeking to declare the action of the respondents in seizing the lorry bearing No.AP 26 X 7248 of the petitioner, as illegal and arbitrary.

The petitioner is the owner of the lorry bearing No. AP 26 X 7248. The said lorry was intercepted by the Enforcement Deputy Tahsildar on 4.1.2015 and was seized on the ground that it was used in illegal transportation of PDC rice.

Learned counsel appearing for the petitioner submits that the lorry was not involved in any such illegal transportation of PDS rice and it was seized only on suspicion.

However, proceedings under Section 6-A of the Essential Commodities Act are pending against the owner of the goods. The petitioner filed a petition before the Collector (CS), Prakasam District, Ongole-3rd

respondent on 12.1.2015 & 2.2.2015.

It seems that the 3rd respondent kept the applications pending without passing any orders. Having regard to the submissions made by the learned counsel on either side, the 3rd respondentCollector (CS),Prakasam District, Ongole, is directed to consider and dispose of the applications filed by the petitioner within a period of one week from the date of receipt of a copy of this order. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE R. KANTHA RAO 11th February, 2015 rkk Note: Issue CC tomorrow.