M/S Balaji Prem Kumar, Rep By Its v. The State Of Telangana Rep By Its Principal Secretary

HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.11835 of 2015 ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for respondents 1 to 3.

This Writ Petition is filed seeking to declare the action of the respondents in seizing the stocks of the petitioner without following the procedure prescribed under Andhra Pradesh Schedule Commodities Dealers (Licensing, Storage & Regulation) Order, 2008, as illegal and arbitrary.

Learned counsel appearing for the petitioner submits that the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') have not been commenced so far and the petitioner has a fair case to succeed in the said proceedings. According to the petitioner, if the seized stocks are sold in public auction during pendency of the proceedings under Section 6-A of the Act, it would cause irreparable loss to it. In view of the above, the Writ Petition is disposed of directing the 2nd respondent not to dispose of the seized stock during pendency of the proceedings under Section 6-A of the Act. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ JUSTICE R. KANTHA RAO 27th April, 2015 rkk Note: Issue CC by three days.