Sri Rachamadugu Nagaraju v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.20182 of 2015 ORDER:

Petitioner is the proprietor of Venkateswara Industries having licence under the provisions of Andhra Pradesh Schedule Commodities Dealer (Licensing, Storage and Regulation) Order, 2008. While so, the vigilance officials inspected the business premises of the petitioner on 28.11.2014, found certain variations, seized the stock and proceedings under Section 6-A of the Essential Commodities Act, 1955, were initiated against the petitioner. Thereafter, the petitioner made an application to the 2nd respondent for release of the said seized stock. The 2nd respondent vide order dated 02.12.2014 directed the petitioner to furnish bank guarantee/cash security for release of the stock. But the petitioner failed to furnish the bank guarantee.

Aggrieved by the same, the petitioner made a representation to the District Collector for modification of the said order. The 4th respondent after considering the objections raised by the petitioner vide endorsement dated 09.03.2015 directed the petitioner to produce notarized person security bond for Rs.17,43,000/-, encumbrance certificate and undertaking to Sub-Registrar not to entertain sale of property till the disposal of the case. The petitioner agreed to comply with all the conditions and to that effect, filed a memo on 11.05.2015. Without implementing the said endorsement dated 09.03.2015 again the 4th respondent directed the 5th respondent vide order dated 17.06.2015 to verify the stock for distribution to the farmer, without canceling the earlier endorsement made on 09.03.2015.

Challenging the same, the present writ petition is filed.

Learned counsel for the petitioner submitted that the petitioner is seeking implementation of the endorsement made by the 4th respondent. Learned Government Pleader for Civil Supplies reports no objection. In the circumstances, the Writ Petition is disposed of directing the 2nd respondent to release the seized stock within a period of one week from the date of receipt of a copy of this order pursuant to the memo filed by the

petitioner on 11.05.2015 in response to the endorsement made on 09.03.2015 by the 4th respondent. No costs.

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J Date : 03.07.2015 Note : Issue C.C. in four days.

(B/o) ssp