H.H.Dharme Gowda v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 27238 of 2017 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies for the respondents. Petitioner claims to be the owner of premises bearing No.238 (Door No.2/300-D), in an extent of Ac.0.20 cents of land, situated at T.V. Colony, Ananthapuramu. It appears that the petitioner is running a factory under the name and style of M/s.Surya International Fruits Products. The premises was inspected on 04.08.2017 at 10.30 a.m. by the Vigilance Authorities and Food Safety Officer along with the Assistant Food Controller, Ananthapuramu. It was noticed that an edible fruit drink is being produced in the said premises in non-hygienic conditions. It was also noticed that the Factory is being run without appropriate licence and no registers are being maintained.

In those circumstances, the stock available in the factory was seized and the same was handed over to one Smt.S.Vijaya Lakshmi W/o. Ramanjaneyulu, Dealer of Fair Price Shop No.1225045 of Ananthapuramu Rural for safe custody till receipt of further orders. Now, the present writ petition is filed seeking removal of seal affixed to the premises pursuant to the seizure of the stock.

Learned counsel for the petitioner submits that the premises is unnecessarily sealed though the stock already seized was kept in safe custody.

Learned Government Pleader submits that the case is under trial before the Joint Collector, Ananthapuramu. Since the proceedings are pending before the Joint Collector, Ananthapuramu, the writ petition is disposed of giving liberty to the petitioner to submit appropriate application before the Joint Collector, Ananthapuramu, within one week from the date of receipt of a copy of this order and the latter shall pass appropriate orders with regard to the removal of seal affixed to the premises within two weeks thereafter.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:21.08.2017 Note: Issue cc in three days.

(B/o) kdl