M/S AXIS BANK LTD., RURAL LENDING DEPARTMENT, R.P. ROAD, SECUNDERABAD, REP. BY ITS LEGAL MANAGER Vs. THE STATE OF TELANGANA, REP. BY ITS SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, HYDERABAD & OTHERS

JUDGEMENT

(1.) Since all these writ petitions are inter-related, this Court deems it appropriate to dispose of these writ petitions, by way of this Common order.

(2.) W.P.Nos.6127 and 6129 of 2016, filed by State and two others, challenge the common judgment rendered by the Principal Sessions Judge, Adilabad in Criminal Appeal Nos.138 and 146 of 2015 dated 23.11.2015. W.P.No.5778 of 2016, filed by Axis Bank Limited, prays for a direction to Respondents 1 and 2 authorities to return the goods covered by Criminal Appeal Nos.138 and 146 of 2015. W.P.No.12673 of 2016, prays for a direction to Respondents 1 to 4 authorities to release the seized stock of Soyabean as per the directions in Criminal Appeal No.138 of 2015 dated 23.11.2015. The fate of W.P.Nos.5778 and 12673 of 2016 depends obviously on the outcome of W.P.Nos.6127 and 6129 of 2016.

(3.) Followed by a raid conducted by the Revenue Divisional Officer and District Supply Officer, Adilabad, the District Collector, Adilabad initiated proceedings under Sec. 6-A of the Essential Commodities Act on the ground of alleged violation of clause 2-K (2) of the A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 (for short, hereafter referred to as "Control Order"). The District Collector, after calling for the report of the Revenue Divisional Officer, Adilabad dated 25.7.2015, passed an order bearing No.CS6/488/2015 dated 9.2015, ordering confiscation of 90% of the seized stock on the ground that the Soyabean was stored in huge quantity at National Collateral Management Services Limited by unscrupulous traders without holding Form-B licence as required under Control Order, 2008.