Hanuman Waste Oil Trading vs. The State Of Andhra Pradesh
Held
The Court held that it was appropriate to direct the respondents to consider the petitioner's representation for the release of the alleged stock within a stipulated time. The reasoning was based on the facts and circumstances of the case, implying a need for the authorities to address the petitioner's grievance. The Court did not delve into the merits of the seizure or the allegations under the Essential Commodities Act. The operative direction was to dispose of the Writ Petition by directing the 2nd respondent to consider the petitioner's representation dated September 22, 2022, in accordance with the law within one week from the date of the order and to communicate the decision forthwith. No issue was expressly left undecided.
Facts
The petitioner, a trader dealing in waste oil, leased premises from April 5, 2022, obtained GST registration, and regularly paid GST. On September 12, 2022, a Vigilance and Enforcement wing, at the instance of a third party, inspected the petitioner's site. They suspected the petitioner was selling Bio-Diesel oil and seized stock based on a mediators' report. A case was also filed against the petitioner under Section 6A of the Essential Commodities Act. The petitioner made several representations to the 2nd respondent for the release of the seized stock, but these were not considered. Aggrieved by the lack of response, the petitioner filed the present Writ Petition.
Key Issues
1. Whether the 2nd respondent (authority) is obligated to consider the petitioner's representation for the release of seized stock, as per principles of natural justice and administrative law? Petitioner's arguments: The petitioner contended that despite making multiple representations to the 2nd respondent for the release of the seized stock, no action was taken. They argued that the authorities are duty-bound to consider such representations within a reasonable time, especially when the petitioner is a registered trader paying GST. The petitioner sought a direction for the authorities to consider their representation. Revenue's arguments: The judgment does not record any specific arguments made by the revenue or state respondents. However, their presence and participation in the hearing are indicated by the appearance of learned Government Pleaders.
Sections Cited
Section 6A of the Essential Commodities Act
AI-generated summary — verify with the full judgment below
HON’BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.38399 of 2022
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Civil Supplies appearing for the respondent Nos.1 and 6 and learned Government Pleader for Revenue appearing for respondent Nos.2 to 4. Perused the material available on record.
With the consent of both parties, this Writ Petition is disposed of at the stage of admission.
The case of the petitioner is that the petitioner is a trader, doing business of selling waste oil to individuals for their small scale industries, at the premises in S.No.278/6 of Ugginapalem of Kasimkota Mandal, Anakapalli District, having taken the premises on lease from 05.04.2022. He had obtained Registration Certificate and GST is also being paid every month on tax invoice.
Learned counsel for the petitioner submits at the instance of the third party, a Vigilance and Enforcement
2
wing, with the officers concerned, have suddenly inspected the site on 12.09.2022 and suspected that they were selling Bio-Diesel oil and seized stock basing on the mediators’ report. A case under Section 6A of the Essent
The judgment continues below.
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