Telangana High Court
WP/40161/2012 of M/s. Rama Rice Mill, Vs The Joint Collector (Civil Supplies), on 31 December 2012
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.40161 of 2012 ORDER: This Writ Petition is filed questioning order, dated 13.12.2012 passed by the first respondent – Joint Collector (Civil Supplies), Kurnool, Kurnool District, in Rc.No.CS1/E.C.No.108/2012. By aforesaid order, the
THE HON’BLE SRI JUSTICE R.SUBHASH REDDYWRIT PETITION No.40161of2012
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ORDER:
This Writ Petition is filed questioning order, dated13.12.2012 passed by the first respondent – JointCollector (Civil Supplies), Kurnool, Kurnool District, inRc.No.CS1/E.C.No.108/2012.
By aforesaid order, the first respondent ordered forsale of the seized stock under the provisions of theEssential Commodities Act, 1955. The mill premises of thepetitioner was inspected by the Civil Supplies DeputyTahsildar, Dhone, along with Vigilance and EnforcementOfficers, on 18.09.2012. On the ground that the recordswere not produced, available quantities of 190 bags ofPaddy, 3.67 quintals of Sona Masoori Rice, 20.15 quintalsof PDS rice (levy) and 12.85 quintals of Broken Rice wereseized. It is stated that so far, no notice is issued underSection 6-B of the Essential Commodities Act, 1955.
In this Writ Petition, it is the case of the petitioner thatit is possessing valid licence under the provisions of theAndhra Pradesh Scheduled Commodities Dealers(Licensing, Storage and Regulation) Order, 2008, and as the Accountant was not available at that point of timereadily, registers were not produced.
A perusal of the impugned order indicates thatexcept mentioning the allegation of non-production ofrecords during the course of inspection, there is no otherallegation mentioned.
It is the case of the petitioner that it is holding validlicence to deal in food grains. It is to be noticed that stockswere seized as early as on 18.09.2012 but so far, nonotice is issued under Section 6-B of the EssentialCommodities Act, 1955. It is to be noted that as the stockswere seized as early as on 18.09.2012, without losing anyfurther time, proceedings under Section 6-A of theEssential Commodities Act, 1955 are to be disposed of.
Having regard to the above, I deem it appropriate todirect the respondents not to sell the seized stocks of 190bags of Paddy, 3.67 quintals of Sona Masoori Rice, 20.15 quintals of PDSRice (levy) and 12.85 quintals of Broken rice tillappropriate final orders are passed in the proceedingsunder Section 6-A of the Essential Commodities Act,1955. There shall also be a direction to the respondents todispose of the proceedings under Section 6-A of the Essential Commodities Act, 1955 as expeditiously aspossible, preferably, within a period of two months fromtoday.
This Writ Petition is disposed of with the directionsas indicated above. No order as to costs.
In view of disposal of the Writ Petition,WPMP.No.50977 of 2012 also stands disposed of.
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R.SUBHASH REDDY, J
31[st] DECEMBER, 2012.Note: issue c.c. in two days.kvni