MEKALA THIMMARAJU Vs. GOVERNMENT OF A P
LAWS(APH)-2008-8-82
HIGH COURT OF ANDHRA PRADESH
Decided on August 26,2008

MEKALA THIMMARAJU Appellant
VERSUS
GOVERNMENT OF ANDHRA PRADESH Respondents


Referred Judgements :-

N NAGENDRA RAO AND COMPANY VS. STATE OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

- (1.)THIS batch of writ petitions, which are identical in nature, are heard together and being disposed of at the admission stage after hearing the learned counsel for the petitioners in the respective writ petitions and the learned Government pleader for Civil Supplies.
(2.)THE petitioners claim to be the farmers of different villages in Kurnool and prakasam Districts. They have felt aggrieved by the separate orders passed by the District Collectors (Civil Supplies) of kumool and Prakasam Districts, whereby they directed huge quantities of red gram seized from warehouses to be distributed through public distribution system and remit the sale proceedings (sic proceeds) before them.
(3.)THE sheet anchor of the petitioners' case is that there is strong evidence to show that they are agriculturists owning the agricultural lands and that the seized stocks stored in the warehouses belong to them and therefore there is no justification for the respective District Collectors to direct distribution of the seized stocks pending proceedings under Section 6-A of the essential Commodities Act, 1955 (for short, 'the Act' ). They further submitted that the reason given by the District collectors that the seized stock is subject to speedy decay is without any basis because red gram can be stored for substantial length of time without its quality getting deteriorated or leading to its decay and that since disposal of the proceedings under Section 6a of the Act may not require a very long time, in the interests of justice, the seized stocks may be directed to be retained without their sale till the disposal of Section 6a proceedings.
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