SAI BALAJI TRADERS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking the following relief/s: "..to issue an appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent herein in seizing the stocks i.e., 465 bags of broken rice and the weight is 235 quintals and 75 bags of rice and the weight is 37 quintals belong to the petitioner under occurrence report dated 27.12.2020 in connection with Crime No.1115 of 2020 dated 27.12.2020 on the file of Kanchikacherla Police Station, Kanchikacherla, Krishna District as illegal, arbitrary, colourable exercise of power, contrary to the settled legal position, apart from being violative of fundamental rights guaranteed to the petitioner under Articles 14, 19, and 21 of the Constitution of India and consequently direct the respondents to release the 465 bags of broken rice and weight is 235 quintals, belong to the petitioner which was seized under occurrence report dated 27.12.2020 in connection with Crime No.1115 of 2020 dated 27.12.2020 on the file of the Kanchikacherla Police Station, Kanchikacherla, Krishna District in the petitioner's favour on furnishing the third party surety/personal bond and to pass such other order or orders..." Having heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents, since it is stated by the learned AGP that proceedings under Section 6-A of the Essential Commodities Act, were initiated against the petitioner for violation of the provisions of the APSTPDS(Control) Order, 2018, and the petitioner approached this Court straight away without approaching the competent authority i.e., the 2nd respondent for release of the seized stock, this Court, without going into merits of the case, in the interests of justice, felt it appropriate to dispose of the writ petition giving liberty to the petitioner to approach the 2nd respondent by filing an application for release of the seized stock.

(2.) Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to approach the 2nd respondent by filing an application for release of the seized stock. On the petitioner submitting application, the 2nd respondent shall consider the same and pass appropriate orders, as per law, within a period of ten (10) days thereafter, and communicate the decision taken to the petitioner. There shall be no order as to costs.

(3.) Pending miscellaneous petitions, if any, shall stand closed.