THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.15481 OF 2018

O R D E R

This Writ Petition has been filed challenging the orders of confiscation in CS2/69/2017 dt.15.03.2018 passed by the 2^nd respondent under Section 6-A of the Essential Commodities Act, 1955, as illegal and arbitrary.

2. It is submitted that consequent to seizure of the organic fertilizers by the respondents, the proceedings under Section 6-A of the Essential Commodities Act (for short, “6-A proceedings”) were initiated against the owner of warehouse and also the manufacturer of the fertilizers and though the petitioners were dealers, they were not made parties to the 6-A proceedings and vide the impugned order dt.15.03.2018, the entire stock has been confiscated. Challenging the same, the dealers have approached this Court by filing the present Writ Petition, while a party to the 6-A proceedings, i.e., the manufacturer has filed Criminal Appeal No.62 of 2018 on the file of the Principal Sessions Judge at Mahabubnagar. It is submitted that vide judgment dt.05.07.2019, the criminal appeal has been allowed by the Principal Sessions Judge, Mahabubnagar observing that majority of the stock belongs to the dealers and the District Collector has not considered the issue in proper perspective and consequently, the matter has been remanded to the District Collector for passing orders afresh.

3. Learned counsel for the petitioners submitted that the impugned order be set aside and the petitioners also be made parties to the proceedings before the District Collector and be heard in the 6-A proceedings.

4. Learned Government Pleader for Civil Supplies is also heard.

5. Having regard to the above submissions and particularly the judgment of the Principal Sessions Judge at Mahabubnagar in Criminal Appeal No.62 of 2018, dt.05.07.2019 observing that majority of the stock belongs to the dealers and they also should have been issued notices before passing of confiscation orders, this Court directs the 2^nd respondent District Collector to issue notices to the petitioners herein as well before proceeding with 6-A proceedings and give sufficient opportunity of hearing to them before passing any orders.

6. The Writ Petition is accordingly disposed of. No order as to costs. 7. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 31.07.2025 Svv