M/S. Muralikrishna Rice Mill, v. The State Of Telangana
HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.25831 of 2016 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the inaction of the respondents in returning the confiscated amount of Rs.1,21,160/- with interest to the petitioner as being illegal and arbitrary.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies (Telangana).
3. A perusal of the record reveals that the petitioner has been running a rice mill. On 27.06.2012 Inspection team of Civil Supplies Department inspected the petitioner's mill and seized the stock( paddy, rice and broken rice). After affording a reasonable opportunity to the petitioner, the second respondent passed orders on 16.11.2014 confiscating 20% of the seized stock in favour of the State. Feeling aggrieved by the orders of the second respondent, the petitioner preferred Criminal Appeal No.65 of 2015 on the file of the Principal Sessions Judge Court, Warangal. The learned District and Sessions Judge allowed the appeal on 25.11.2015 setting aside the orders of the second respondent.
4. The learned counsel for the petitioner submitted that in spite of the orders in Criminal Appeal No.65 of 2015, the respondents have not taken any steps to return the value of the stock confiscated along with interest. She further submitted that the petitioner has submitted a representation on 10.02.2016 to the second respondent requesting to repay the amount equivalent to the confiscated stock along with interest. The only relief now sought by the petitioner is to direct the second respondent to
dispose of his representation.
5. Having regard to the facts and circumstances of the case, the second respondent is hereby directed to dispose of the representation of the petitioner dated 10.02.2016 in accordance with law, as expeditiously as possible, preferably, within a period of one month from the date of receipt of copy of this order.
6. Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
______________________ T.SUNIL CHOWDARY, J August 3, 2016.
Rns