Andhra Pradesh High Court
WP/42295/2022 of M/S. SRI DATTATHREYA AND COM. Vs THE STATE OF ANDHRA PRADESH on 30 December 2022
SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.42295 of 2022 O R D E R: Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record. 2) Having heard the respective counsel and upon perusal of the material
THE HON’BLE SRI JUSTICE BATTU DEVANANDWRIT PETITION NO.42295 of 2022
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O R D E R:
Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record.
2) Having heard the respective counsel and upon perusal of the material available on record, it is an admitted fact that subsequent to the seizure of the rice and vehicle, a proceedings under Section 6A are initiated before the 2[nd]Respondent, who is the competent authority. The illegality and validity of the seizure has to be decided by the 2[nd]Respondent in 6A proceedings. This Court is not inclined to interfere into the 6A proceedings.
3) However, considering the facts and circumstances of the case and in the light of the latest order passed by a Division Bench of this Court in Onteru Bhaskar vs. State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department and others[1]in our considered opinion, it is appropriate and reasonable to direct the 2[nd] Respondent to release the seized stock in favour of the petitioner on imposing certain condition, to protect the interest of the Respondents, pending disposal of the 6A proceedings.
4) Accordingly, the writ petition is disposed of with the following direction:
The 2[nd] Respondent shall release the rice seized pursuant to the mediators report, dated 15.10.2022, in favour of the petitioner on condition of furnishing personal or third party immovable security property equivalent to the value of the seized stock, within a period of two (02) weeks from the date of receipt of a copy of this order.
5) There shall be no order as to costs.
1 2022 SCC OnLine AP 348
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
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JUSTICE BATTU DEVANAND
Dt.30.12.2022. Note: Issue CC tomorrow. B/o Mnr THE HON’BLE SRI JUSTICE BATTU DEVANAND
W.P.No.42295 of 2022
Dt.30.12.2022
MNR