M/S. Jyothi Filling Station, v. The Joint Collector (Civil Supplies),

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.18233 OF 2017 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the 2nd respondent in seizing the stocks of HSD and MS in the under ground tanks of the petitioner outlet pursuant to the Mediators Report Dt. 24.05.2017 as illegal, arbitrary and without jurisdiction and consequently direct the 1st and 2nd respondents to release the seized stock so as to enable the petitioner to carry on its regular business and pass such other order or orders as may deem fit and proper in the circumstances of the case."

2.

Heard learned counsel for the petitioner and perused the prayer in the writ petition with supporting affidavit and the other material on record, including the impugned seizure and panchanama proceedings dated 24.05.2017 and also heard the learned Government Pleader for Civil Supplies, representing the respondents.

3.

When the matter is called, it is the submission of the learned Government Pleader that already Section 6A proceedings were initiated by the Collector and the same is pending.

4.

Having regard to the above, this writ petition is disposed of, with a direction to the petitioner to participate in the enquiry to pass appropriate orders on merits, however, in the meantime, petitioner is entitled to interim custody of the seized stock of HSD & MS, on furnishing of bank guarantee to the equivalent value.

5.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed. No order as to costs. _____________________________ DR.B.SIVA SANKARA RAO,J 21.06.2017 SS