K.Jaganatha Reddy v. This writ petition is filed seeking a Writ of Mandamus declaring
Case at a glance
- Bench
- GOPALA KRISHNA TAMADA
Provisions considered
Judgment
Cause title
PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION NO : 21080 of 2009 Between: K.Jaganatha Reddy, S/o K.Subramanyam Reddy, 34 years, Proprietor, M/S Sri Vinayaka Traders, Whole Sale & Retail Food Grains, R/o D.No.18-1031, High Road, Opp. to Railway Station, Chittoor Town. ....PETITIONER
AND 1 The Joint Collector (CS), Chittoor, Chittoor District and another. .....RESPONDENTS
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.21080 of 2009
ORDER:
This writ petition is filed seeking a Writ of Mandamus declaring the seizure of 225 bags of rice, each bag weighing 25 K.Gs, on 31.08.2009, by the 2nd respondent from the business premises of the petitioner at Door No.18-1031, High Road, Opposite to Railway Station Road, Chittoor Town and also the non-consideration of the claim petition filed by the petitioner, on 24.09.2009, by the 1st respondent, as illegal and arbitrary and consequently sought for a direction to the respondents to release the said seized stock in favour of the petitioner. The petitioner is having valid licence to carry on business in food grains. On 31.08.2009 the 2nd respondent visited the business premises of the petitioner and seized the stock i.e., 134 bags of broken rice and 92 bags of fine rice, weighing 56.50 quintals. Pursuant thereto, on the basis of the report furnished by the 2nd respondent, the 1st respondent initiated proceedings under Section 6-A of the Essential Commodities Act. Hence the present writ petition. Heard both sides. Now that the proceedings under Section 6A of the Essential Commodities Act are very much pending before the 1st respondent, this Court is of the view that this writ petition can be disposed of without going into the merits of the case. The writ petition is accordingly disposed of with a direction to the 1st respondent-Joint Collector to complete the proceedings pending before him under Section 6-A of the Essential Commodities Act 1955 and pass necessary orders thereon, within a period of eight weeks from today. Pending consideration of the said proceedings, the seized stock shall be released in favour of the petitioner on his furnishing bank guarantee in a sum of Rs.60,000/- (Rupees Sixty Thousand only) to the satisfaction of the 1st respondent. No order as to costs. ___________________________ (GOPALA KRISHNA TAMADA, J) 25-09-2009 Gsn.
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