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2025 DAILYLAW 43638 (AP)

M/s. S.L.N.S. Traders v. The State of Andhra Pradesh

WP/29973/2018 · 2025-12-30

V Sujatha

body2025

Judgment text

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1 VS,J W.P.No.29973 of 2018 APHC010626342018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29973/2018 Between: 1. M/S. S.L.N.S. TRADERS, H.NO.5-91, B.K. SAMUDRAM VILLAGE, B.K.SAMUDRAM MANDAL, ANANTHAPURAMU DISTRICT. REP.BY ITS PROPRIETOR TULASI, W/O. LAKSHMINARAYANA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES (CS.I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR CS, ANANTHAPURAMU DISTRICT AT ANANTHAPURAMU. 3. THE TAHSILDAR, B.K.SAMUDRAM MANDAL, ANANTHAPURAMU DISTRICT. 4. THE OFFICE OF VIGILENCE AND ENFORCEMENT, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 5. THE DISTRICT COMMERCIAL TAX OFFICER, REGIONAL VIGILANCE AND ENFORCEMENT, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 2 VS,J W.P.No.29973 of 2018 6. THE STATION HOUSE OFFICER, B.K.SAMUDRAM POLICE STATION, B.K. SAMUDRAM, ANANTHAPURAMU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 6 conducting Panchanama on 08.06.2018 in Door No.5/91 M/s. S.L.N.S. Traders, H.No. 5-91, B.K. Samudram Village and Mandal, Ana nthapuramu District and seizure of acron 2T oil 7650 sachets, acron 2T oil 17bX30x24 12,240 Sachets, acron 2T oil 156x30x24 total 10800 sachets, loal golden 0.5 liters, loan golden 1.0 liter, loose oil 200 liters, (1) common Machine-1( 2) Photo electric patch team-2 (3) Weighing machine-1 No. (4) Full Barrel Drums-3 Nos (200 Its), (5) Empty Drums- 28.Nos. (6) comfort 2T oil label 5 Kgs barrels - 3 Nos. (7) Genuinely 2-T Oil labels-5 Kgs, (8) Liberal Stickers label 5 Kg bundles-2 (9) liberal. stickers lagle 10 Kgs bundles-4, (10) Acron 2 T oil stickers 10 kg -2, (11) comfort 2 T oil Stickers 5 Kgs. (12) Loan golden heaby duty gear oil 5 Liters-432 plastic items (13) Empty cartons net - 1000 ml, batch -Pakd - Mkrs 144/- marketed be SLNS traders Ananthapuramu 720 Nos. (loal Golden gear oil), (14) Loal golden heavy duty engine oil empty cartons -380 Nos. (15) loal golden 0.5 Its empty packets - 3200 Nos. (17) 200 Mg color powder packets - 8 Nos situated at Door No.5/91, B.K. Samudram Village and Mandal, Ananthapuramu District by initiating action Under 6-A of Essential Commodities Act, 1955 by submitting the report before the 2nd respondent herein in R.C.No.B/3059/2018, Dt. 09.06.2018 is as illegal, arbitrary, unconstitutional, against the principles of natural justice and consequently direct the respondents to set aside the Panchanama Dt. 08.06.2018 and consequential proceedings thereon, and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to release the seized articles acron 2T oil 7650 sachets, acron 2T oil 17bX30x24 12,240 Sachets, acron 2T .oil 156x30x24 total 10800 sachets, loal golden 0.5 liters, loan golden 1.0 liter, loose oil 200 liters, (1) common Machine-1( 2) Photo electric patch team-2 (3) Weighing machine-1 No. (4) Full Barrel Drums-3 Nos (200 Its), (5) Empty Drums-28 Nos. (6) comfort 2T oil label 5 Kgs barrels -3 Nos. 3 VS,J W.P.No.29973 of 2018 (7) Genuinely 2-T Oil labels-5 Kgs, (8) Liberal Stickers label 5 Kg bundles-2 (9) liberal stickers lagle 10 Kgs bundles-4, (10) Acron 2 T oil stickers 10 kg -2, (11) comfort 2 T oil Stickers 5 Kgs. (12) Loan golden heaby duty gear oil 5 Liters-432 plastic items (13) Empty cartons net – 1000 ml, batch –Pakd – Mkrs 144/- marketed be SLNS traders Ananthapuramu 720 Nos. (loal Golden gear oil), (14) Loal golden heavy duty engine oil empty cartons -380 Nos. (15) loal golden 0.5 Its empty packets – 3200 Nos. (17) 200 Mg color powder packets – 8 Nos situated at Door No.5/91, B.K. Samudram Village and Mandal, Ananthapuramu District used for the process, under the Guise of Panchanama Dt. 08.06.2018 in M/s. S.L.N.S. Traders, H.No. 5-91, B.K. Samudram Village and Mandal, Ananthapuramu District, pending disposal of the writ petition, and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to dispense with filing of certified copy of the proceedings dt: 24-12- 2025 passed in WP.No.29973/2018 and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dispense with my personal appearance on 31-12-2025 and consequently permit the Respondent No.2 to appear through virtual mode on 31-12-2025 in WP.No.29973 of 2018 and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 4 VS,J W.P.No.29973 of 2018 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29973/2018 ORDER:- The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 6 conducting Panchanama on 08.06.2018 in Door No.5/91 M/s. S.L.N.S. Traders, H.No. 5-91, B.K. Samudram Village and Mandal, Ana nthapuramu District and seizure of acron 2T oil 7650 sachets, acron 2T oil 17bX30x24 12,240 Sachets, acron 2T oil 156x30x24 total 10800 sachets, loal golden 0.5 liters, loan golden 1.0 liter, loose oil 200 liters, (1) common Machine-1( 2) Photo electric patch team-2 (3) Weighing machine-1 No. (4) Full Barrel Drums-3 Nos (200 Its), (5) Empty Drums- 28.Nos. (6) comfort 2T oil label 5 Kgs barrels - 3 Nos. (7) Genuinely 2-T Oil labels-5 Kgs, (8) Liberal Stickers label 5 Kg bundles-2 (9) liberal. stickers lagle 10 Kgs bundles-4, (10) Acron 2 T oil stickers 10 kg -2, (11) comfort 2 T oil Stickers 5 Kgs. (12) Loan golden heaby duty gear oil 5 Liters-432 plastic items (13) Empty cartons net - 1000 ml, batch -Pakd - Mkrs 144/- marketed be SLNS traders Ananthapuramu 720 Nos. (loal Golden gear oil), (14) Loal golden heavy duty engine oil empty cartons -380 Nos. (15) loal golden 0.5 Its empty packets - 3200 Nos. (17) 200 Mg color powder packets - 8 Nos situated at Door No.5/91, B.K. Samudram Village and Mandal, Ananthapuramu District by initiating action Under 6-A of Essential Commodities Act, 1955 by submitting the report before the 2nd respondent herein in R.C.No.B/3059/2018, Dt. 09.06.2018 is as illegal, arbitrary, unconstitutional, against the principles of natural justice and consequently direct the respondents to set aside the Panchanama Dt. 08.06.2018 and consequential proceedings thereon.” 2. When the matter came up for admission, on 13.11.2018, this Court passed the following interim order:- 5 VS,J W.P.No.29973 of 2018 “Heard learned counsel for petitioner. Subject to petitioner furnishing 50% of the amount qualified as bank guarantee and for the remaining amount, a personal bond, stocks i.e., “acron 2T oil 7650 sachets, acron 2T oil 17bx30x24 12,240 Sachets, acton 2t oil 156x30x24 total 10800 sachets, loal golden 0 5 liters, loan golden 1 0 liter, loose oil 200 liters, 1 common Machine 1 2 Photo electric patch team 2 3 Weighing machine 1 No 4 Ful Barrel Drums 3 Nos 200 lts, 5 Empty Drums 28 Nos 6 comfort 2T oil label 5 Kgs barrels 3 Nos 7 Gunuinely 2T Oil labels 5 Kgs, 8 Liberal Stickers label 5 Kg bundles 2 9 liberal stickers lagle 10 Kgs bundles4, 10 acron 2 T oil stickers 10 kg 2, 11 comfort 2 T oil Stickers 5 Kgs 12 Loan golden heaby duty gear oil 5 Liters 432 plastic items 13 Empty cartons net 1000ml, batch Pakd Mkrs 144/ marketed be SLNS traders Ananthapuramu 720 Nos loal Golden gear oil 14 Loal golden heavy duty engine oil empty cartons 380 Nos 15 loal golden 0 5 lts empty packets 3200 Nos 17 200 Mg color power packets 8 Nos” seized on 09.06.2018 be released. However, this order does not come in the way in continuing the proceedings against the petitioner.” 3. On 24.12.2025, this Court passed the following order:- “In the instant writ petition, a case under Section 6(A) of the E.C.Act, 1955, was booked against the petitioner on 09.06.2018. But in spite of the same, though no interim orders are granted by this Court, no enquiry has been conducted by the respondent No.2 till date. The matter has undergone nearly 13 adjournments, since January, 2025. In view of the same, respondent No.2 is directed to appear before this Court along with the connected records for assigning reasons as to what prevented him for proceeding further with the enquiry. List the matter on 31.12.2025, under the caption “for Appearance”. 6 VS,J W.P.No.29973 of 2018 4. In pursuance of the orders passed by this Court, the 2nd respondent appeared before this Court through virtual mode and stated that no case under Section 6-A of the E.C Act has been registered against the petitioner, except seizing the oil stock. The 2nd respondent further stated that, in pursuance of the interim orders granted by this Court on 13.11.2018, the seized stock was already released vide proceedings dated 19.12.2018 itself. 5. In view of the fact that no case under Section 6-A of the E.C.Act has been registered against the petitioner, the question of conducting enquiry does not arise, and as the stocks have already been released, the cause in the writ petition does not survive. 6. Recording the same, the Writ Petition is closed. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :31.12.2025 JLV 7 VS,J W.P.No.29973 of 2018 221 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29973/2018 Date :31.12.2025 JLV