S.B. Mohammad Ali, v. The State Of Andhra Pradesh.

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.38322 of 2015 ORDER :

Petitioner's grievance is that the stock seized from the petitioner's Fair Price Shop under a panchanama dt.26.10.2015 was directed to be sold in an open auction by the 2nd respondent by proceedings dt.05.11.2015, that the petitioner had sought for release of the seized stock by filing an application dt.29.10.2015 before the 2nd respondent and that the petitioner's application was not considered by the 2nd respondent.

2. The Government Pleader for Civil Supplies appearing for respondents on instructions states that the stock seized from the petitioner's business premises has not been sold as of date, and the respondents have no objection for release of the seized stocks to the petitioner, subject to the petitioner furnishing a bank guarantee for their value, and also subject to the petitioner keeping the bank guarantee alive till the disposal of the proceedings under Section 6A of the Essential Commodities Act, 1955 (for short 'the Act').

3. In view of the said submissions, this Writ Petition is disposed of directing the 2nd respondent to release the seized stocks to the petitioner on condition of the petitioner submitting a bank guarantee for their value as assessed by the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order, and subject to the petitioner keeping the said bank guarantee alive during the pendency of the proceedings under Section 6A of the Act. There shall no order as to costs.

4. As a sequel, miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

______________________________ M.S.RAMACHANDRA RAO, J

25th November, 2015 gra