M/S. Satya Sal Fertilizers, vs The State Of Telangana,
2025 Latest Caselaw 690 Tel

Telangana High Court

M/S. Satya Sal Fertilizers, vs The State Of Telangana, on 31 July, 2025

      THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI

                 WRIT PETITION NO.15481 OF 2018

                               ORDER

This Writ Petition has been filed challenging the orders of

confiscation in CS2/69/2017 dt.15.03.2018 passed by the 2nd respondent

under Section 6-A of the Essential Commodities Act, 1955, as illegal

and arbitrary.

2. It is submitted that consequent to seizure of the organic fertilizers

by the respondents, the proceedings under Section 6-A of the Essential

Commodities Act (for short, "6-A proceedings") were initiated against

the owner of warehouse and also the manufacturer of the fertilizers and

though the petitioners were dealers, they were not made parties to the

6-A proceedings and vide the impugned order dt.15.03.2018, the entire

stock has been confiscated. Challenging the same, the dealers have

approached this Court by filing the present Writ Petition, while a party

to the 6-A proceedings, i.e., the manufacturer has filed Criminal Appeal

No.62 of 2018 on the file of the Principal Sessions Judge at

Mahabubnagar. It is submitted that vide judgment dt.05.07.2019, the

criminal appeal has been allowed by the Principal Sessions Judge,

Mahabubnagar observing that majority of the stock belongs to the

dealers and the District Collector has not considered the issue in proper

perspective and consequently, the matter has been remanded to the

District Collector for passing orders afresh.

3. Learned counsel for the petitioners submitted that the impugned

order be set aside and the petitioners also be made parties to the

proceedings before the District Collector and be heard in the 6-A

proceedings.

4. Learned Government Pleader for Civil Supplies is also heard.

5. Having regard to the above submissions and particularly the

judgment of the Principal Sessions Judge at Mahabubnagar in Criminal

Appeal No.62 of 2018, dt.05.07.2019 observing that majority of the

stock belongs to the dealers and they also should have been issued

notices before passing of confiscation orders, this Court directs the 2nd

respondent District Collector to issue notices to the petitioners herein as

well before proceeding with 6-A proceedings and give sufficient

opportunity of hearing to them before passing any orders.

6. The Writ Petition is accordingly disposed of. No order as to costs.

7. Pending miscellaneous petitions, if any, in this Writ Petition shall

stand closed.

___________________________ JUSTICE T. MADHAVI DEVI

Date: 31.07.2025 Svv