Kotha Guranadham and seven others v. The Collector

Mandal searched the household of the first petitioner and found nine gas cylinders and seized them under a cover of panchanama. Pursuant to the said seizure, a report was submitted to the second respondent-Collector (C.S.), Prakasam District, Ongole and proceedings are initiated under Section 6-A of the Act, 1955, for violation of A.P.L.P. (Regulation of supplies and Distribution) Order, 2000. The said seizure is under challenge in this writ petition. Heard the learned counsel for both the parties. The learned counsel for the petitioners submits that the petitioners have not contravened the provisions of any control orders and the cylinders belong to each of them and the same are not liable for any confiscation. On the other hand, the learned Government Pleader submits that enquiry under Section 6-A of the Act is pending and the petitioner can defend his case. I am not inclined to express any opinion on the merits of the case. The petitioners can participate in the enquiry and establish their case and it is for the first respondent to consider the same and pass appropriate orders. While admitting the writ petition, this court by order, dated

07.06.2007 in W.P.M.P.No.14546 of 2007 granted interim direction directing release of the seized cylinders. It is now represented by both the learned counsel that pursuant to the interim order, cylinders have been released to the petitioners. Having regard to the same and also pendency of the enquiry, it is appropriate the first respondent is directed to complete the enquiry, which has already been initiated and pass appropriate orders as early as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. Dt.18.11.2010 ______________ NOUSHAD ALI J.,