Telangana High Court
Budda Ramesh, Warangal Dist. vs The ... on 16 October, 2023
Bench: B.Vijaysen Reddy
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
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.
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
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
