M/S. Sri Lakshmi Narasimha Rice Mill v. The State Of Telangana

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 29264 of 2015 DATED 9th September, 2015 BETWEEN M/s. Sri Lakshmi narasimha Rice Mill, Jinkalapalli Village, Itikyala Mandal, Mahaboobnagar District, Rep. by its Prop. Sri Bala Sivaiah ..Petitioner And The State of Telangana, Rep. by its Principal Secretary, Consumer Affairs, Food & Civil Supplies Department, Secretariat, Hyderabad and ors.

...Respondents.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 29264 of 2015 ORDER:

Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.

The petitioner is a rice mill carrying on business in milling paddy having obtained a valid licence. It appears that the third respondent along with Vigilance and Enforcement officials intercepted a vehicle loaded with 210 quintals of raw rice on the highway and recorded a panchanama stating that 210 quintals of raw rice was transported without any valid permit. Pursuant to the seizure of rice, a show cause notice was issued on 11.06.2013 and the petitioner submitted its explanation. When the enquiry initiated under Section 6-A of the Essential Commodities Act is not completed by the second respondent,

the present Writ Petition is filed.

It is clear from the above facts that pursuant to the seizure on 26.04.2013, a show cause notice was issued on 11.06.2013 and the proceedings are pending before the second respondent. That being so, the second respondent should have completed the enquiry within three months from the date of initiation of the proceedings. The petitioner-mill through its proprietor had already submitted its explanation on 17.06.2013. Even after lapse of two years, enquiry is not completed. In the circumstances, the second respondent is directed to complete the enquiry in respect of the show cause dated 11.06.2013 and pass final order within sixty days from the date of receipt of a copy of this order by giving due opportunity to the petitioner. The Writ Petition is disposed of at the admission stage. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

--------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 9th September, 2015.

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