High Court for State of TelanganaWP/5969/2017disposed of no costs

N.Nagesh v. The State Of Telangana, Rep. By Its Principal Secretary,

2017-02-27A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.5969 of 2017 ORDER:

The grievance of the petitioner in this writ petition is that the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') have been initiated against him and pending the same, the respondents are proposing to dispose of the seized stocks and the vehicle (Appy Auto) bearing No.AP02UB 1095.

Learned counsel for the petitioner contends that pending disposal of the 6-A enquiry, the seized stocks and the subject vehicle may not be disposed of and a time limit be fixed for completion of proceedings under Section 6-A of the Act. He also contends that the seized stocks and the subject vehicle are not perishable in nature and the petitioner is ready to furnish immovable property security for the value of the stock and the subject vehicle.

The learned Government Pleader for Civil Supplies, appearing for respondents, states that the stocks and the subject vehicle are not perishable and that the respondents will complete the enquiry under Section 6-A of the Act, within two months. It is further submitted by the learned Government Pleader that the petitioner herein may be directed to furnish the bank guarantee. Having regard to the said submissions, this Writ Petition is disposed of, directing the respondents to complete 6-A proceedings initiated against the petitioner herein, within a period of two months from the date of receipt of a copy of this order and pending enquiry the seized stocks and the subject vehicle may not be sold and if the petitioner offers to furnish immovable property security,

the respondents may consider for releasing the seized stocks and the subject vehicle to the petitioner on his furnishing immovable property security for the value of the seized stocks and the subject vehicle.

Miscellaneous petitions pending in this writ petition, if any, shall stand closed. No order as to costs.

________________________ JUSTICE A.V.SESHA SAI 27.02.2017 sur