M/S. Devi Traders v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.1812 of 2015 Date: 04-02-2015 Between M/s Devi Traders, Rep. by its Proprietor L.Sathya Narayana ... Petitioner and The State of A.P., Rep. by its Prl. Secretary, Dept. of Civil Supplies, Secretariat, Hyderabad;

and 2 others ... Respondents HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.1812 of 2015 Order:

Heard Sri Srinivas Polavarapu, learned counsel appearing for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents.

2. The petitioner is the producer and wholesaler of the essential commodities. On 03-01-2015, the 3rd respondent along with the enforcement officials

conducted a raid on the business premises of the petitioner and seized the entire stock of 3085 bags of paddy, 1045 quintals of rice and 109 quintals of broken rice on the allegation that the petitioner stored the rice and broken rice in excess of permissible limits and thereby violated the provisions of Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 under a panchanama in the presence of the mediators. Thereafter, proceedings under Section 6A of the Essential Commodities Act, 1955 have been initiated against the petitioner and they are now pending. The petitioner's authorization was also suspended and the petitioner filed statutory appeal before the 2nd respondent on 12-01-2015 and made an application therein to release the seized stock. The grievance of the petitioner is that the 2nd respondent has not been taking any steps whether to dispose of the appeal or to pass orders on the application whereunder the release of the stocks was sought for.

3. In the above circumstances, this writ petition is disposed of directing the 2nd respondent to dispose of the application filed by the petitioner or the appeal itself within a period of 8 (eight) weeks from the date of receipt of a copy of this order. It is further directed that the 2nd respondent shall not conduct the auction of any seized property till the disposal of the appeal filed by the

petitioner. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. ___________________ R.KANTHA RAO, J.

04th February, 2015.

Ak HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.1812 of 2015

04th February, 2015.

(Ak)