K. Eliyas Ali Khan, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.39384 OF 2017 ORDER:

The petitioner challenges the seizure dated 08-11-2017 in respect of groundnut pods of 720 bags (40 kgs each bag) and 150 bags of groundnut seeds (50 kgs each bag) on the ground that the petitioner has not produced any records with regard to said stock. Learned counsel for the petitioner submits that in fact at the time of inspection, there are no variations and the petitioner explained the same, but without taking that into account, the respondentauthorities seized the stock. He also submits that the petitioner has also made representation for release of stocks on 14-11-2017 before the 3rd respondent, but as on today no orders are passed. Aggrieved by the same, the present writ petition is filed. Learned Government Pleader for Civil Supplies submits that since no stock registers are maintained and there are variations, the stocks have been seized.

As an application filed by the petitioner is already pending before the 3rd respondent, it is open for the petitioner to substantiate his case before him by filing necessary documents and the 3rd respondent shall take into account the documents filed by the petitioner and pass orders on the application for release of the stocks. Learned Government Pleader says that seized stocks have been sold, but the same is disputed by learned counsel for the petitioner. Till passing of orders, the seized stocks shall not be sold, if not already sold. The 3rd respondent-Joint Collector shall also complete the enquiry under Section 6-A of Essential

Commodities Act within a period of three months from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 22-11-2017 Nvl