Ramakrishna Modren Rice Mill vs. The State Of Andhra Pradesh
Held
The Court held that in the interests of justice, it was appropriate to direct the 2nd respondent to consider the petitioner's petition for the release of the seized stock. The reasoning was based on the petitioner's submission that their application had been pending since August 2, 2021, and the revenue's acknowledgment of the delay due to the pandemic. The Court directed the 2nd respondent to pass orders as per law within seven days of receiving a copy of the order. The ratio decidendi is that administrative authorities must act expeditiously on pending applications, especially when such delays cause financial hardship, and that judicial intervention is warranted to ensure timely disposal.
Facts
The petitioner, engaged in the rice business and holding a GST certificate, had a lorry carrying 1040 bags of rice seized on June 30, 2021, by the Mandal Revenue Inspector and others. The seizure was based on the allegation that the rice was Public Distribution System (PDS) rice, violating the A.P. State Targeted PDS (Control) Order, 2018, and the Essential Commodities Act. A case was registered under Section 420 IPC and Section 7(1) of the Essential Commodities Act. The petitioner filed a petition before the 2nd respondent (authority dealing with the 6-A case) on August 2, 2021, seeking the release of the seized stock. The petition remained undecided, causing financial hardship to the petitioner.
Key Issues
1. Whether the 2nd respondent has failed to consider the petitioner's petition for the release of seized stock within a reasonable time, thereby causing prejudice to the petitioner? The petitioner argued that their petition for the release of seized stock, filed on August 2, 2021, had not been considered by the 2nd respondent, leading to a deprivation of their sole source of income. The petitioner relied on the principle that authorities should act promptly on applications filed before them. The revenue (represented by the Assistant Government Pleader) contended that the delay in considering the petition was due to the prevailing pandemic and assured the court that the petition would be considered and appropriate orders passed if reasonable time was granted.
Sections Cited
Section 7(1) of the Essential Commodities Act, A.P. State Targeted PDS (Control) Order, 2018
AI-generated summary — verify with the full judgment below
THE HON’BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.17286 of 2021 ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the respondents. The case of the petitioner is that he is running Rice Business at Mydukur Town and Mandal, Kadapa District. The Government has issued GST certificate in favour of the petitioner herein. On 30.06.2021, the Mandal Revenue Inspector, Chennur and others inspected the lorry bearing No.AP04-TX-0519 and found 1040 bags of Rice (25 kgs., each) in plastic bags and was seized by them on the allegation that the rice is PDS Rice. Hence, the Panchanama dated 30.06.2021 has been filed alleging that the petitioner has violated the provisions of the E.C.Act or the orders made there under including A.P.State Targeted PDS (Control) Order, 2018. The police officials registered a case in Crime No.115 of 2021, under Section 420 r/w 34 I.P.C and Section 7(1) of Essential Commodities Act, Chennur and filed 6-A case before the 2nd respondent on 02.08.2021 and the same is pending before the 2nd respondent to release the seized stock. Learned counsel for the petitioner submits
The judgment continues below.
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