M/S Varun Industries, v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.24078 of 2018 ORDER :

Heard the counsel for petitioner, and the learned Government Pleader for Civil Supplies for respondents.

2.

The grievance of 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, i.e., 158 quintals of rice.

3.

The learned counsel for petitioner contended that pending disposal of the 6-A enquiry the seized stocks may not be disposed of and a time limit be fixed for completion of proceedings under Section 6-A of the Act. He also contended that the seized stocks are not perishable in nature and that the petitioner is ready to furnish immovable property security for the value of the stocks. 4.

On the other hand, the learned Government Pleader for Civil Supplies, appearing for respondents, states that the stocks seized from petitioner are not perishable and that the respondent will complete the enquiry under Section 6-A of the Act, within two (02) months. It is further submitted by the learned Government Pleader that the petitioner herein may be directed to furnish the bank guarantee.

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5.

Having regard to the said submissions, the Writ Petition is disposed of directing the respondents to complete 6-A proceedings initiated against the petitioner herein, within a period of two (02) months from the date of receipt of copy of the order and pending enquiry the stocks from the petitioner may not be sold and if the petitioners offer to furnish immovable property security, the respondents may consider for releasing the stocks to him on his furnishing immovable property security for the value of the seized stocks. No order as to costs.

6.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 13.07.2018 Ndr/*