PADMA SRINIVAS GAS AGENCY Vs. DISTRICT COLLECTOR,KAKINADA

JUDGEMENT

(1.) Petitioner No.1 is an L.P.G. distributor of Hindustan Petroleum Corporation Limited (for short 'the Corporation') at Devarapalli Village and Mandal, West Godavari District. Petitioner No.2 is the proprietor of petitioner No.1 agency, besides being the owner of truck bearing registration No.AP 5V 4356.

(2.) It is the case of the petitioner that the abovementioned truck was attached to the Corporation for transportation of packed cylinders from the Corporation's plant to the distributor's godown and that for this purpose the requirement of obtaining registration in Form F is exempted under the provisions of the Andhra Pradesh Petroleum Products (Licensing and Regulation of Supplies) Order, 1980 (for short 'the Petroleum Products Order'). When the said truck was carrying 300 LPG cylinders from the Corporation's plant, the same was intercepted and seized by the authorities of the Vigilance Department on 06.03.2013 under a mediators' report. A perusal of the said report shows that the only ground on which the seizure of the truck along with 300 LPG cylinders was made is that the truck was not registered as per Form F with the Collector (Civil Supplies). Evidently, on the basis of the mediators' report, respondent No.1 has initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). The petitioner pleaded that so far no notice under Section 6-B of the Act has been issued.

(3.) Be that as it may, the petitioners made an application before respondent No.1 for release of the truck and the LPG cylinders. By order in reference No.12/CS/189/2013 dated 25.03.2013, respondent No.1 has directed the petitioners to furnish security in a sum of Rs.5,00,000/- in favour of respondent No.1 for release of the seized stock. Feeling aggrieved by this communication, the petitioners filed this writ petition.