M/S. Sri Lakshmi Traders v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.15076 of 2015 ORDER:

Petitioner disputes that the rice seized under the impugned proceedings is PDS rice. It is also stated that the respondents have initiated proceedings under Section 6-A of the Essential Commodities Act (for short 'the Act') and the same are pending with the competent authority and that the petitioner will take steps to establish that the rice is not PDS rice. However, in the present writ petition the relief sought is with regard to the impugned proceedings of the Tahsildar directing sale of the said seized rice by public auction.

Learned counsel for the petitioner states that the rice seized is not a perishable commodity and it is seized very recently, as such, without notice to the petitioner the impugned order of sale of seized rice is not sustainable. Heard learned Government Pleader for Civil Supplies. Prima facie, the seized rice is not a perishable commodity, particularly as it was seized very recently and Section 6-A proceedings are pending are required to be disposed of expeditiously, I deem it appropriate to dispose of the writ petition by directing the competent authority to hear the parties and dispose of the proceedings pending under Section 6-A of the Act as expeditiously as possible preferably within a period of one month from the date of receipt of a copy of this order. Pending disposal of proceedings the proposed auction of the seized rice of the petitioner as per the impugned proceedings shall remain stayed. __________________________ VILAS V. AFZULPURKAR,J 28th May, 2015 Js.