Sree Dhanya Lakshmi Rice Mill, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.20010 of 2016 ORDER:

The proceedings dated 30.04.2016 issued by the 2nd respondent-Collector (CS), Ongole, refusing to release the seized stocks, is challenged before this Court.

It is the case of the petitioner that though the seizure was effected on 07.02.2016 even as on date the proceedings initiated under Section 6-A of the Essential Commodities Act (in short "the Act") no enquiry has been conducted and no final orders are passed. At one stage there was a doubt whether the seized goods were disposed of as directed by the Joint Collector in its order dated 18.02.2016. Learned Government Pleader on written instructions, received through fax, had confirmed that subsequent to the order dated 18.02.2016 the seized stocks were disposed of through P.D.S. In other words, as on date there are no seized stocks available to be released to the petitioner. In those circumstances, the challenge to the order dated 30.04.2016, refusing to release the seized stocks in favour of the petitioner, has become infructuous.

However, considering the complaint of the petitioner that though the seizure was effected on 07.02.2016 even after four months time the proceedings initiated under Sec.6-A of the Act have not been completed and one of the principle contention urged by the petitioner is that even assuming that the goods seized are P.D.S. rice, they not being essential commodities as defined within the scope of the Act, seizure could not have been effected. However, these are all the matters, which are required to be considered by the 2nd respondent in the process of completing the enquiry and passing orders in terms of Section 6-B of the Act.

all these objections before the 2nd respondent, the writ petition is disposed of with a direction to the 2nd respondent to complete the entire process of completing the enquiry and passing orders within a period of six weeks from the date of receipt of a copy of this order. The observations made in the present Writ Petition shall not be construed as expressing any opinion with respect to the merits of the matter. Accordingly, the writ petition is disposed of. There shall no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed.

_____________________________ CHALLA KODANDA RAM, J.

Date:29.06.2016 Ssv