THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28928 of 2009 Date:31.12.2009 Between: D. Venkat Ramulu. ..... PETITIONER AND The Joint Collector and others. .....RESPONDENTS - THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28928 of 2009 ORDER: The petitioner is kerosene dealer and on the ground that he has committed certain irregularities, an enquiry under Section 6-A of the Essential Commodities Act, 1955, was initiated and the stock was seized. The disciplinary authority - Joint Collector, first respondent herein, after completion of the enquiry, found certain irregularities and accordingly, ordered for confiscation of the seized stock and also imposed a fine of Rs.25,000/-, vide order dated 22.01.2005. It is stated that during the 6-A enquiry proceedings, stocks were sold and sale proceeds were deposited. Aggrieved by the order of the disciplinary authority, the petitioner approached the appellate authority - District and Sessions Judge, Mahabubnagar, by filing an appeal. The appellate authority, while setting aside the order of the disciplinary authority, ordered for refund of the value of seized stock after expiry of appeal time, vide judgment dated 21.09.2006 in Crl.A.No.47 of 2005. The grievance of the petitioner is that though the appellate authority ordered for refund of the value of the seized stock, it is not being implemented and therefore, he filed the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. From a perusal of the judgment of the appellate authority, it is seen that the refund of the value of seized stock was ordered. When once the appellate authority ordered for refund, the disciplinary authority ought to have refunded the same including the fine amount, if paid. In the circumstances, the Writ Petition is allowed at the stage of admission directing the first respondent to refund the value of the seized stock and the fine amount of Rs.25,000/- (Rupees twenty five thousand only), if paid, with interest, if any, at the earliest. No costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 31st December, 2009 GHN