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2006 DIGILAW 572 (AP)

Madireddy Venkateswarlu v. Joint Collector, Ongole Prakasam Dt.

2006-04-26

A.GOPAL REDDY

body2006
O R D E R Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Civil Supplies. 2. The petitioners, who are the agriculturists, filed the present writ petition questioning the panchnama and the proceedings initiated under Section 6-A of the Essential Commodities Act before the Joint Collector, Ongole, Prakasam District, based upon the seizure panchnama, whereunder the rice stored by the petitioners in the vacant Godown of Sri Balaji Rice Mill was seized on the premise that the bags contained PDS Rice and that the same were diverted from the Fair Price Shops. On the petitioners filing an application before the Joint Collector for release of the stocks, a report was called for from the Mandal Revenue Officer, Darsi, who submitted a report to the District Supply Officer, Ongole, on 7-10-2005 stating that on his confidential and discreet enquiries, it is revealed that the ryots belongs to Kothapalli and Lakshmi-narayanapuram Village and they are having patta lands and irrigated the dry land by raising crop and transported the paddy to Ongole for better price and after converting the same into rice, the same were kept in safe custody in the Godown of Sri Balaji Rice Mills, and the said rice is not pertaining to either FFW or PDS and they are the rice produced in their own patta lands. 3. Having regard to the said fact and in view of the law declared by this Court in SHEELA SRINIVAS V. DISTRICT COLLECTOR, KARIMNAGAR DISTRICT (1), no Section 6-A proceedings can be initiated against the petitioners. Therefore, the respondents are directed to release the seized stocks in favour of the petitioners forthwith. 4. The writ petition is accordingly disposed of. No costs. --X—