N.Maruthi vs. The State Of Ap
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble M.Ganga Rao
Listed On:
19 Aug 2021
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Order Text
HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.17245 OF 2021
ORDER:
This writ petition is filed seeking the following relief/s:
"..to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4 th respondent in seizing 90 Tons of Rice belonging to the petitioner pursuant to the panchanama/mediators report dated 27.4.2021 purportedly on the suspicion that the rice which is being transported as PDS Rice purchased from the card holders despite the petitioner having valid bills of supply (Invoices) as wholly arbitrary, illegal, contrary to provisions of Essential Commodities Act, 1955, A.P. State Targeted Public Distribution System (Control) Order, 2018, Code of Criminal Procedure besides being violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19(1) (g) and 21 of the Constitution of India and consequently set-aside the entire action taken pursuant to the panchanama/mediators report dated 27.4.2021 and pass such other order or orders.."
Having heard learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies appearing for the respondents 1 to 4 and learned Assistant Government Pleader for Home appearing for the 5 th respondent, as learned AGP for Civil Supplies stated that notice under Section 6B of EC Act was issued to the petitioner on 22.6.2021, this Court, without going into the merits of the matter, in the interests of justice, felt it appropriate to dispose of the writ petition giving liberty to the petitioner to approach the 3 rd respondent by way of filing appropriate application for release of the seized stocks, as per law.
Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to file a petition for release of the seized stocks before the 3 rd respondent. On the petitioner filing such petition, the 3 rd respondent shall consider the same and pass appropriate orders, as per law, within a period of one week thereafter, and communicate the decision taken to the petitioner. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
19.08.2021 Vjl/CSR
________________ M. GANGA RAO, J HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.17245 of 2021
19.08.2021
Vjl/CSR