THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12750 OF 2010 DATED:08.06.2010 Between: M/s. Sri Balaji Modern Rice and Oil Mills, Rep., by its Prop: S.C.Hari Prasada Rao, S/o.Chandrasekher Rao, aged 40 years, Occ: Business, R/o.1/2, Yellammakoil Street, Karlambakkam Village and Post, Pallipet Taluk, Tiruvallur District, Tamilnadu State and another .. Petitioners And The Deputy Tahsildar (CS), Narayankhed, Medak District and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12750 of 2010 ORDER: The first petitioner is proprietory concern engaged in the business of milling and marketing of rice. The second petitioner is statedly owner of a lorry bearing No.AP 16 TB 5677, which was engaged by the first petitioner for transporting rice from Tamilnadu to New Mumbai. On 25.05.2010, the Deputy Tahsildar (Civil Supplies), Sanga Reddy conducted panchanama in the premises of Police Station, Patancheruv. The lorry transporting the rice allegedly without valid documents was seized under the panchanama. 175 quintals of coarse rice was also seized. Alleging that a copy of panchanama was not served and that the seizure of lorry and rice in the absence of any restrictive order for transporting rice is illegal and arbitrary, the present Writ Petition is filed seeking release of the lorry and rice. This Court heard counsel for the petitioners and the Assistant Government Pleader for Civil Supplies. A writ of mandamus is sought to declare the seizure of the lorry and the rice as illegal and arbitrary. When the proceedings are not yet commenced under Section 6 of the Essential Commodities Act, 1955 (the Act), any such order for release of the vehicle transporting food grains allegedly in contravention of law would render the enforcement of the Essential Commodities Act, a sham. Further, if the second petitioner, who is the owner of the lorry, was only a transporter, as per the contract he has with the first petitioner, nothing prevents him to approach the Joint Collector and seek an order for release of the vehicle under second proviso to Section 6-A (1) of the Act. Be it also noted that the first proviso to Section 6-A (1) of the Act prohibits the release of food grains or edible oil seized on an allegation that such food grains or edible oil are being transported in contravention of the Act or any Control Order made therein. When there is a peremptory statutory injunction, the Court cannot ignore the same and order release of the food grains. It is for the competent authority under Section 6-A of the Act to consider the plea of the petitioners and pass appropriate orders as to whether the food grains should be confiscated or not. In view of the same, the Writ Petition is misconceived. Liberty is given to the petitioners to approach the Joint Collector, Medak District at Sanga Reddy and seek release of the lorry as well as the release of the food grains stock. The Writ Petition with the above observation is dismissed. No order as to costs. ______________ (V.V.S. RAO, J) 08.06.2010 KH