Potti Subba Rao v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.27726 OF 2017 ORDER:

Heard learned counsel for petitioner and the learned Government Pleader for respondents.

The petitioner is a partner in M/s.Gajalakshmi Dall and Flour Mill and running the same under licence. While so on 23.06.2016, the premises of the petitioner was inspected by the third respondent and the stock of green Dall and Red Gram Dall of the value of Rs.81 lakhs was seized. On filing a report by the third respondent, the second respondent passed an order on 14.10.2016 releasing the stock subject to the petitioner furnishing Bank Guarantee for a sum of Rs.40,84,000/-, but the petitioner could not furnish the said Bank Guarantee, as a result of which, the seized stock is lying with the second respondent. The petitioner filed a petition before the second respondent on 24.05.2017 for disposal of the proceedings under Section 6-A of the Essential Commodities Act (the Act, for brevity), which are pending before the second respondent.

When no action is taken by the second respondent, the present writ petition is filed. It is clear from the above averments that the stock was seized way back on 23.06.2016, but proceedings under Section 6-A of the Act have not yet been finalized even though more than one year has elapsed. Furnishing of Bank Guarantee is nothing to do with the disposal of the proceedings under Section 6-A of the Act pending before the second respondent.

In the circumstances, this Court feels that it is a fit case to direct the second respondent to dispose of proceedings under Section 6-A of the Act as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. __________________________ A.RAMALINGESWARA RAO, J 21.08.2017 pln