M/S Sarada Agro Oils Ltd., Rep By Its Director v. The State Of Telangana Rep By Its Principal Secretary

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.14835 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies (Telangana).

Petitioner is aggrieved by the order, dated 11.05.2015, passed by the second respondent directing the third respondent for interim disposal of the seized stocks. It states that it was given notice to appear before the second respondent in the proceedings initiated under Section 6-A of the Essential Commodities Act, which were fixed on 25.05.2015 and after it's appearance, the case was re-posted to 05.06.2015. It further states that it has also filed an application (Ex.P.3) on 29.04.2015 seeking interim release of the seized stocks and while the said application is kept pending, the impugned order for disposal of the seized stocks is passed. It also states that the seized stocks are edible oils and there was no such extraordinary urgency to dispose of the same, while keeping it's application for release of such stocks is pending.

Prima facie, it appears that the petitioner's application for release of the seized stocks is pending since 02.05.2015 as evident from the stamp of the second respondent's Office affixed on the petitioner's application, dated 29.04.2015. Since the proceedings under Section 6-A of the Essential Commodities Act initiated against the petitioner are posted to 05.06.2015, I deem it appropriate to direct the second respondent to hear the petitioner and pass appropriate orders on the application for interim release of the seized stocks. Till passing of such order, the seized stocks shall not be sold.

With the above directions, the Writ Petition is disposed of. No order as to costs.

Miscellaneous Petitions, if any pending in this Writ Petition shall stand closed.

_____________________________ VILAS V.AFZULPURKAR, J 28th MAY, 2015.

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