Telangana High Court
WP/23996/2004 of Sri D. Prabhakar Reddy, Vs The District Collector, C.S., on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23996 of 2004 Between: Sri D. Prabhakar Reddy, S/o. D. Malla Reddy, Prop. of M/s.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 23996 of 2004
Between:
Sri D. Prabhakar Reddy, S/o. D. Malla Reddy, Prop. of M/s. Bharat Traders, Jadcherla, Mahabubnagar District.
AND
..... PETITIONER
1 The District Collector, C.S., Mahabubnagar District.2 The M.R.O., Jadcherla, Mahabubnagar District.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toIssue a Writ, order or direction more particularly one in the nature of Writ ofMandmaus and set aside the panchanama and seizure report dt. 28.10.2004 anddeclare the action of the Respondents is illegal, arbitrary without jurisdiction andpass such other order or orders in the interest of justice.
Counsel for the Petitioner:MR.BOLLAM LINGAIAH YADAVCounsel for the Respondents: GP FOR CIVIL SUPPLIES
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ORDER:
Petitioner is a trader in rice. He claims that he purchased 992 bags of rice each,weighing 50 kgs, in an auction conducted by the A.P. State Civil SuppliesCorporation Limited, in May 2004. The 2[nd] respondent inspected the premises of thepetitioner on 218.10.2004, on the allegation that the rice found in the premises wasdifferent from the one purchased by the petitioner in the auction. He effected seizureof the same and initiated proceedings under Section 6-A of the EssentialCommodities Act, through orders, dated 29.10.2004. Petitioner challenges the verycompetence of the 2[nd] respondent in effecting the seizure.
Heard the learned counsel for the petitioner and learned Government Pleader forCivil supplies.
Petitioner categorically states that he purchased the rice in question, in an auctionheld by the Civil Supplies Corporation. The 2[nd] respondent opined that the stock isdifferent. Even assuming that the petitioner is holding the stock other than the onepurchased by him in the auction, it needs to be seen as to how far his action is legal.
Before the year 2002, there used to exist number of restrictions on the storage oftransport of rice and its other related products, in view of various Control Orderspassed by the State and Central Governments, in exercise of powers under theEssential Commodities Act. In the year 2002, all such restrictions were removed. Asof now, there do not exist any limits or restrictions on any individual or trader, in thematter of storage or transport of paddy, rice etc. This Court has an occasion to dealwith this aspect in Sheela Srinivas v. District Collector, Karimnagar[1]. It was held that the authorities of Civil Supplies Department do not have any jurisdiction to effectseizure of the stocks of rice, paddy etc.
Following the same, the writ petition is allowed, directing the respondents to releasethe stocks seized from the petitioner forthwith, without any conditions. There shall beno order as to costs.
______________________
L.NARASIMHA REDDY, J
Dated : 30[th] December, 2004
TS
To
1 The District Collector, C.S., Mahabubnagar District.
2 The M.R.O., Jadcherla, Mahabubnagar District.
3 2 CCs to the Government Pleader for Civil Supplies, High Court Buildings,Hyderabad. (OUT)Hyderabad. (OUT)
4 2CD copies.