HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.14778 OF 2014
ORDER : (ORAL)
This writ petition is filed seeking to declare the order dated
05.05.2014 in E.C.A.C. No.69/2014, in file No.F1/868867/2014,
passed by respondent No.1, whereunder respondent No.3 was
directed to sell the seized stock i.e. 4.50 quintals of red gram dal, 9.65 quintals of bengal gram dal, 5.70 quintals of Masoor dal, 10 tins of Sri Krishna ground nut oil @ 15 litre, 1 tin of Vijaya ground nut oil @ 15 litre, 8 cartons of Ruchi gold P.oil (1 litre pouches), 2 cartons (15 packets each) of Freedom sunflower oil (1) litre pouches, 2 cartons (15 packets each) of gold drop oil @ 1 litre and 28 kgs ground nut, seized by respondent No.2 on 18.04.2014, as illegal, arbitrary and violative of principles of natural justice.
2. It is stated that the petitioner is carrying out business in pulses in the name and style of M/s. Budda Ramesh, Kirana and general at premises No.2-1-112, Station Road, Jangaon, Warangal under licence issued by the competent authority. On 18.04.2014, respondent No.2 visited the business place of the petitioner and 2 verified the books of accounts. Respondent No.2 noticed that petitioner was not maintaining stock register and seized the entire stocks of the petitioner. It is submitted that the petitioner was maintaining the account in a note book as his accountant was on leave. The seized stocks could not be sold in the black market as there is no price fixation over the stocks. Show cause notice was issued to the petitioner under Section 6-B of the Essential Commodities Act, 1955 (for short, "E.C. Act"), calling upon the petitioner to explain as to why the seized stocks should not be confiscated. While so, respondent No.1 issued resumption order dated 05.05.201 4 invoking the provisions under Section 6-A(2) of the E.C. Act, directing respondent No.3 to sell the seized stock in open auction.
3. On 29.05.2014, in I.A. No.1 of 2014 (W.P.M.P. No.18316 of 2014), this Court passed the following interim order:
"There shall be an interim stay for a period of six (06) weeks." However, it appears that the stay order was not extended. 3
4. Learned Assistant Government Pleader for Civil Supplies produced written instructions and submitted that subject matter of this writ petition has become infructuous.
5. It is submitted that respondent No.1 - the Joint Collector, Warangal passed final orders of confiscation under Section 6-A of the E.C. Act and ordered confiscation of 50% value of the seized stock i.e. Rs.1,86,675/-. Aggrieved by the orders of respondent No.1, the petitioner preferred Criminal Appeal No.100 of 2014 under Section 6-C of the Act before the learned Principal District and Sessions Judge, Warangal. The said appeal was dismissed by the learned Sessions Judge by judgment dated 29.09.2014, confirming the order of respondent No.1, modifying the order of confiscation by reducing it to 20% value of seized stock from 50% value of the seized stock i.e. Rs.1,86,675/-. Thereafter, the petitioner preferred Criminal Revision Case No.504 of 2015 before this Court challenging the order of the learned Sessions Judge in Criminal Appeal No.100 of 2014. This Court disposed of the Criminal Revision Case by the order dated 09.04.2015, confirming the order passed by learned Sessions Judge however, reduced the 4 confiscation from 20% value of seized stock to 10% value of the seized stock.
6. In the above circumstances, the cause in the writ petition does not survive, requiring any further adjudication. Therefore, the writ petition is dismissed as infurctuous. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J Dt: 16.10.2023 RRK