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Judgment
Battu Devanand, J
This writ Petition has been filed against the Order of the Respondent No.3 passed in Rc.CS1/6A/124/2022, dated 25.10.2022 for interim disposal of the seized stock of the petitioners.
Heard learned counsel for the petitioners, learned Government Pleader for Civil Supplies and the learned Government Pleader for Home and perused the record.
The case of the petitioners is that on 07.09.2022 the respondent No.4 seized 500 bags of rice in 25,063 Kgs or 25.06 qtls while the petitioners are transporting the same with intention to sell the same in open market at Darsi. The respondent No.4 seized the said rice along with the vehicle pursuant to the mediator’s report dated 07.09.2022 and handed it over to the respondent Nos. 5 and 6. A case in Cr.No.112 of 2022 was registered against the petitioners under Section 420 IPC and section 7 of the Essential Commodities Act r/w 34 of IPC of Ardhaveedu PS, Prakasam District. A report was sent to the respondent No.3 by the Inspecting Authority under 6-A of the Essential Commodities Act. The respondent No.3 issued the impugned Order for interim disposal of the seized stock in the public auction by the respondent No.6.
The contention of the learned counsel for the petitioners is that though the petitioners have submitted a Petition dated 08.10.2022 to the respondent No.3 on 10.10.2022, without considering the same, the respondent No.3 passed the impugned Order for interim disposal of the stock.
On the other hand, learned Government Pleader for Civil Supplies, on instructions, submits that the seized stocks are not at all disposed of in public auction pursuant to the impugned Order and process is going on.
Having heard the submissions of the respective counsel and upon perusal of the material available on record, it is an admitted fact that 6-A Proceedings are pending before the respondent No.3 against the petitioners on the allegation of illegal transportation of PDS rice. The validity and legality of the seizure made by the Inspecting Authority pursuant to the Mediator’s report dated 07.09.2022 has to be decided by the respondent No.3, who is the Competent Authority, under Section 6-A of the Essential Commodities Act, 1955. Pending 6-A Proceedings, the respondent No.3 can pass interim disposal of the seized stock in the interest of public. But as and when the petition submitted by the petitioners seeking interim release of the seized stock in favour of the petitioners on certain conditions, without considering the same, issuing the impugned Order for interim disposal is not proper and unjust.
It is also brought to the notice of this Court by the learned counsel for the petitioners that along with the interim disposal Order dated 25.10.2022, the Respondent No.3 has issued a Notice under Section 6-B of the Essential Commodities Act and the petitioners have to submit their explanation to the said Notice.
In view of the same, without going into further merits of the case, this Court intends to dispose of the Writ Petition with certain directions to the respondent No.3 to meet the interest of justice.
Accordingly, the Writ Petition is disposed of with the following directions:
i) The petitioners shall submit explanation to the Notice issued under Section 6-B, dated 25.10.2022 by the respondent No.3 within a period of One week from today; and
ii) On submission of the explanation by the petitioners, the respondent No.3 shall dispose of the 6-A Proceedings by following due process of law within a period of Six weeks thereafter; and
iii) The Order in Rc.CS1/6A/124/2022, dated 25.10.2022 issued by the respondent No.3 is set aside; and
iv) Till disposal of the 6-A Proceedings, there shall be stay of sale of the seized stocks.
There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this case shall stand closed.