M/S. Super Seeds Private Limited v. The State Of Andhra Pradesh Rep. By Principal Secretary,

IN THE HIGH COURT OF JUDICATURE; AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.24708 of 2015 BETWEEN:

M/s. Super Seeds Private Limited, rep.by its Accountant Sri Yalavarthi Upendra, s/o. Murali Krishna, office at C-3 & 4, Industrial Estate, Sarangapur, Nizamabad District.

.. Petitioner AND The State of Andhra Pradesh, rep.by Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad.

and 2 others. .. Respondents DATE OF JUDGMENT PRONOUNCED: 06.08.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers may be allowed to see the judgments? YES/NO

2. Whether the copies of judgments may be marked to Law Reporters/Journals. YES/NO

3. Whether their Ladyship/Lordship wish to see the fair copy of the Judgment ? YES/NO THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No.24708 of 2015 ORDER:

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

The petitioner is stated to be a Private Limited Company. While so, on 06.01.2014, the third respondent-Mandal Agriculture Officer, Thiruvuru, initiated proceedings under Section 6-A of Essential Commodities Act by seizing 170 quintals of groundnut seeds along with lorry. The second respondent-District Collector passed an order on 24.06.2014 releasing the stock of the petitioner after furnishing bank guarantee for 50% of the value of the stock. Though furnished the bank guarantee, when the stock was not released, the petitioner approached this Court by filing Writ Petition No.24246 of 2014. This Court by order dated 26.08.2014 in WPMP No.30362 of 2014 in WP No.24246 of 2014 granted interim direction for release of the seized stock as per the orders of the second respondent dated 24.06.2014. However, the stock could not be released because it was completely spoiled and damaged. Even though the petitioner was cooperating with the enquiry, when the enquiry is not completed till today, the present writ petition is filed.

The learned counsel for the petitioner raised several contentions. However, in view of the pendency of 6-A proceedings before the second respondent, this Court is not inclined to go into the merits of the case at this stage.

In the circumstances, the writ petition is disposed of directing the second respondent to complete the enquiry in respect of E.C.P.No.6 of 2014 dated 06.01.2014 by giving due opportunity to the petitioner and shall pass final orders thereon, within a period of 60 days from the date of receipt of a copy of this order.

It is needless to mention that the petitioner shall cooperate for disposal of the case pending before the second respondent. There shall be no order as to costs. Miscellaneous Petitions, if any pending in this writ petition, shall stand closed.

_______________________________ A. RAMALINGESWARA RAO, J Date: 06.08.2015 Isn