HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 21052 OF 2010 Date: 25.08.2010 Between: Andhra Bank, Kothakota Branch, rep. by its Senior Branch Manager … Petitioner And The State of A.P., Civil Supplies Department, rep. by its Principal Secretary & others … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 21052 OF 2010 ORDER: The petitioner is a Nationalised Bank, and also is a Government of India undertaking. In the course of its business, it has advanced open cash credit facility for Rs.225 lakhs, and on further request, a facility for Rs.365 lakhs under key cash credit facility to the 6th respondent, a Parboiled Rice Mill. The said facility was extended to the 6th respondent on hypothecation of goods in the rice mill premises, and the goods lying in the godowns, were also pledged to the petitioner-Bank, by way of security. The respondents 3 to 5 have made inspection to the mill premises and also the godowns of the 6th respondent, and on the ground that there are huge variations in stocks when the entries made in the books of account are compared with the actual ground stocks available, entire stocks available in the mill premises and also godowns, were seized and the seizure report was submitted to the Collector (Civil Supplies), Mahabubnagar. After the seizure report was submitted to the Collector (Civil Supplies), when applications were filed before the said authority by the third party/farmers, claiming release of stocks seized, orders were being issued for release of certain stocks. The stocks, which were seized but not released to any third parties, were lying in the open premises of the rice mill. In this writ petition, the grievance of the petitioner- Bank is that when 6-A proceedings are pending before the 2nd respondent-District Collector, without even issuing any notice to it, the respondents ought not to have released to the farmers, certain stocks, which were hypothecated to the Bank. It is also the allegation of the petitioner-Bank that no proper care was being taken for storage of the seized commodities, and that the said commodities are being damaged as they are exposed to nature. When the matter is taken up, the learned Government Pleader appearing for respondents 1 to 5, has placed on record, a copy of the proceedings, dated 21.08.2010, issued by the 2nd respondent-District Collector, Mahabubnagar, in Case No.CS1/895/2010, wherein, the 2nd respondent has passed final orders under Section 6-A of the Essential Commodities Act, 1955, confiscating the stock of 21,691 quintals of paddy, 2188 quintals of rice and 899 quintals of broken rice. Further, he has ordered for release of 25,571 quintals of paddy to the petitioner-Bank, as per the entries made in the B-register, for realization of the amounts advanced to the miller. As much as the final order is already passed by the competent authority, no relief as prayed for in this writ petition, can be granted to the petitioner. In the aforesaid circumstances, this writ petition is disposed of, by giving liberty to the petitioner to work out its remedies open under law, against the proceedings, dated 21.08.2010, issued by the 2nd respondent-District Collector, Mahabubnagar, in Case No.CS1/895/ 2010. No order as to costs. ______________________ R. SUBHASH REDDY, J 25th August 2010 mrr/ajr