M/S. Himalaya Seeds Processing Plant, v. The State Of Telagnana,

IN THE HIGH COURT OF JUDICATURE; AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No. 22341 of 2015 BETWEEN M/s. Himalaya Seeds processing Plant, Rep. by its Managing Partner, Sri T.Mallikarjun Rao Singapur Village, Huzurabad Mandal, Karimnagar district ....Petitioner And The State of Telangana, rep. by its Principal Secretary to the Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad and ors.

...Respondents

DATE OF JUDGMENT PRONOUNCED: 05.08.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers may be allowed to see the judgments? YES/NO

2. Whether the copies of judgments may be marked to Law Reporters/Journals. YES/NO

3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment ? YES/NO.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 22341 of 2015 ORDER:

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

The petitioner is a seeds processing plant situated at Singapur Village, Huzurabad Mandal, Karimangar District. It appears that the third respondent along with his staff visited the petitioner-plant and conducted a panchanama as they found some variation in the stock and seized the stock. Pursuant to the noticing of irregularities, 6-A proceedings were initiated and the same are pending before the second respondent. Challenging the action of seizure, the present Writ Petition is filed.

In view of the pendency of the 6-A proceedings before the second respondent, this Court is disinclined to express any opinion with regard to the seizure of the stock at this stage. In the circumstances, this Writ Petition is disposed of directing the second respondent to complete the enquiry in 6-A proceedings and pass final order within a period of three months from the date of receipt of a copy of this order after giving due opportunity to the petitioner. Till the disposal of the case by the second respondent, the stock seized shall not be sold.

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 5th August, 2015.

Msnrx