T NAGABHUSHANAM Vs. JOINT COLLECTOR NALGONDA

JUDGEMENT

(1.) The petitioner is seeking review of the order passed by this Court in Writ Petition No. 2613/1988 on 18-10-1995. The said case relates to the seizure of cement in which the entire quantity of 600 bags of cement seized by the respondent was sold away by the Joint Collector, Nalgonda. However, by the said order this Court was pleased to allow the writ petition setting aside the order of confiscation.

(2.) According to the learned Counsel for the petitioner, under the provisions of the Essential Commodities Act, 1955 when the property was sold away, the party was entitled to the sale proceeds of the sold commodity together with interest and that when the cement was sold away in the year 1983, its value was Rs. 28,347-50 ps for 600 bags, whereas the current market value of each cement bag was Rs.120/- per bag, according to which a sum of Rs. 72,000/- would be the sale proceeds of the cement bags. The review petitioner is also claiming compound interest at the rate of 22% per annum, and on these grounds, the review petitioner seeks review of the judgment of this Court dated 18-10-95.

(3.) The respondent - Joint Collector in his counter affidavit dated 17-12-1996 points out that the seized stock was sold under public sale category and the sale proceeds of 600 bags of seized cement which was sold under public sale category through A.P.State Civil Supply Corporation Limited, the same was remitted to the Government through challan, which in turn was paid to the petitioner through DD No.447102 dated 9-8-1996 for Rs. 28,347/- and the petitioner acknowledged the receipt of the DD on 9-8-1996 itself. The review petitioner has not challenged this statement made by the respondent in his counter affidavit.