M/S Devender Traders, v. The State Of Telangana

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.14343 of 2015 ORDER:

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

2. The petitioner is a trader in food grains, paddy, rice, pulses and sugar having valid license upto 31.03.2015. He submitted an application on 08.04.2015 for renewal of his license. While so, on 15.04.2015, the third respondent along with his staff visited the business premises of the petitioner and seized the entire stock on the ground that the petitioner has not maintained the register and there is variation in the stock. Pursuant to the seizure, proceedings under Section 6A of the Essential Commodities Act (for short, the Act) were initiated.

3. The learned counsel for the petitioner submits that the main case under Section 6-A of the Act, after explanation submitted by the petitioner, is posted to 06.07.2015 for final disposal and in the meanwhile, the impugned order is passed by the second respondent on 29.04.2015 for interim disposal of the stock seized and challenging the same, the present Writ Petition is filed.

4. I have perused the impugned order dated 29.04.2015 and the commodities mentioned therein are not perishable commodities and if they are kept in the custody, no prejudice would be caused to the State.

5. In the circumstances, the second respondent is directed to complete the enquiry under Section 6-A of the Act either on 06.07.2015 or on some other date to which the case may be adjourned and pending disposal of the case, the seized stock shall not be sold.

6. The Writ Petition is, accordingly, disposed of. No order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _______________________________ A. RAMALINGESWARA RAO, J Date: 19.06.2015 TJMR