Telangana High Court
Thota Pullaiah, Warangal Dist. vs The ... on 16 October, 2023
Bench: B.Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.14771 OF 2014
ORDER : (ORAL)
This writ petition is filed seeking to declare the order dated
09.05.2014 in E.C.A.C. No.65/2014, in file No.867/2014, passed
by respondent No.1, whereunder respondent No.3 was directed to
sell the seized stock i.e. 549.24 quintals of red gram whole, seized
by respondent No.2 on 22.04.2014, 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. Thirumala Industries at
Premises No.5-3-109/1 at Kesamudram under licence issued by the
competent authority. On 22.04.2014, respondent No.2 visited the
business place of the petitioner and verified the books of accounts.
Respondent No.2 noticed that certain stocks were stored in the
house of the petitioner bearing No.4-4 at Kesamudram which are
not included in the licence. On such allegations, entire stocks of
the petitioner were seized. It is submitted that the petitioner stored
some of the stocks in the premises bearing No.5-3-109/1 at
Kesamudram which is a place included in the licence and as there
was a short of place for storage, the petitioner stored some of the
red gram in the house and same was intimated to the authorities
requesting for the inclusion of his house premises in the licence but
the same has not been considered. 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
05.05.2014 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.18309 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.
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 District Collector,
Warangal passed final orders of confiscation under Section 6-A of
the E.C. Act and ordered confiscation of 37% value of the stock
variation i.e. Rs.12,97,740/-. Aggrieved by the orders of
respondent No.1, the petitioner preferred Criminal Appeal No.69 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
09.09.2014, modifying the order of confiscation by reducing it to
15% value of stock found in variation i.e. 1,91,691/- from 37%
value of the stock variation i.e. Rs.12,97,740/-. Thereafter, the
petitioner preferred Criminal Revision Case No.2186 of 2014
before this Court challenging the order of the learned Sessions
Judge in Criminal Appeal No.69 of 2014. This Court disposed of
the Criminal Revision Case by the order dated 04.08.2016 by
modifying the order of penalty from confiscation of stocks worth
of Rs.1,91,961/- to confiscation of stock worth of Rs.1,00,000/-.
Pursuant to the orders of this Court, petitioner remitted an amount
of Rs.1,00,000/- vide Challan Nos.0000028065, 0000028062 and
0000028060 for an amount of Rs.20,000/-, Rs.40,000/-
and Rs.40,000/-, respectively, totalling to Rs.1,00,000/-.
On instructions of respondent No.1, the Assistant Supply Officer,
Mahabubabad, Warangal handed over the seized stocks to the
petitioner from the custodian viz. Volam Chandra Mohan S/o
Rajagopalam, partner of M/s Siddartha Industries, Kesamudram
under proper acknowledgement.
6. In view of the above, no further orders are required to be
passed in this writ petition. 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
