High Court for State of TelanganaWP/20698/2015disposed of no costs

Sr. Lalitha Oil Mills, v. The District Collector, Anantapur District, Anantapur

2015-07-08A Ramalingeswara Rao3 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO Writ Petition No.20698 of 2015 ORDER:

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

The petitioner is a licencee of edible oil and the licence is valid upto 30-09-2015. The petitioner's activity is non-trading one rendering service to the farmers, who deposit their agricultural produce for the purpose of deshelling pod into seed and thereby collecting hire charges from the farmers. While so, on 28-11-2014, the Vigilance and Enforcement officials and the revenue officials inspected the premises of the petitioner and noticed some irregularities and accordingly, booked a case under Section 6-A of the Essential Commodities Act. On the application of the petitioner, an order of interim disposal was passed by the 1st respondent on 02-12-2014 on the petitioner furnishing a bank guarantee/cash security for an amount of Rs.11,30,000/-. Upon filing an objection petition by 60 farmers and a Memo by the petitioner, an endorsement was made on 09-03-2015 directing the petitioner to produce the following three documents:-

(1) Notarized Personal Property Security Bond for Rs.11,30,000/-.

(2) Encumbrance Certificate of property shown in security bond.

(3) Undertaking to sub-registrar not to allow sale of property till disposal of the case."

The petitioner has complied with the said endorsement. In spite of the same, as the stock is not released, the present writ petition is filed. It is clear from the above facts that the 2nd respondent directed the petitioner to produce three documents, as extracted above. Learned counsel for the petitioner submits that the said documents were filed on 18-03-2015 and 31-03-2015 and in spite of the same the 2nd respondent is not releasing the stock.

In view of the endorsement made by the 2nd respondent on 0903-2015 and since the petitioner complied with the same, the 2nd respondent

is directed to release the stock of value of Rs.11,30,000/-, as ordered on 0212-2014, within a period of one week from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ A.RAMALINGESWARA RAO, J Date: 08-07-2015 Note:

Issue C.C. in three days (B/o) Prv