Juluri Yelamanda Rao v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.38405 OF 2017 O R D E R :

This writ petition is filed challenging the action of the respondents in seizing the stocks of the petitioner on the ground that there is variation of stocks between book balance and ground balance.

Learned counsel for the petitioner submits that though the petitioner explained that there is no variation, the respondents seized stocks; that without passing any order, the respondents are trying to sell the seized stocks; and that the petitioner will be able to substantiate his case in the enquiry under Section 6 A of the Essential Commodities Act, 1955 (for short 'the Act').

Learned Assistant Government Pleader for Civil Supplies submits that since there is variation in the ground balance and book balance which is in contravention of A.P.Schedule Commodities Dealers (Licensing Storage and Regulation) Order, 2008, the respondents have seized the stocks.

It is to be seen that as on today, no show cause notice is issued to the petitioner under Section 6 A of the Act. In view of the same, there shall be stay of sale of seized stocks, pending enquiry under Section 6 A of the Act. The competent

authority is directed to conclude the enquiry under Section 6 A of the Act, within a period of three months from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 15.11.2017 t k.