THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.31214 of 2010 Date : 13-12-2010 Between : Kolli Prasada Rao s/o.Dwaraka Krishna .. Petitioner And State of Andhra Pradesh, Represented by its Joint Collector Machilipatnam, Krishna District and another .. Respondents Counsel for petitioner : Sri M.Brahma Reddi Counsel for respondents : Assistant Government Pleader for Civil Supplies The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the inaction of respondent No.1 in passing order on the petitioner’s application for release of the seized rice of 57.50 Quintals. The petitioner sought for a consequential direction to the respondents to release the seized stock on his furnishing security. The petitioner claims to be the owner of the above mentioned quantity of rice which was seized along with lorry which was found transporting the said rice. Proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short, “the Act”) were initiated. The allegation on which the rice along with the lorry was seized was that the rice was meant for Public Distribution System. The petitioner made an application on 6-11-2010 for release of the seized stock. With the complaint that the said application has not been disposed of so far, the present Writ Petition is filed. The learned Assistant Government Pleader for Civil Supplies, on instructions, stated that so far the petitioner’s application has not been disposed of. In my opinion, having received the application as far back as 6-11-2010, there is no justification for respondent No.1 in not disposing of the said application. Inasmuch as proceedings under Section 6-A of the Act are pending, I deem it appropriate that the seized stock is released to the petitioner subject to his furnishing bank guarantee for the value of the stock. Ordered accordingly. The furnishing of the bank guarantee by the petitioner shall be subject to the outcome of the proceedings under Section 6-A of the Act. Respondent No.1 is directed to dispose of the proceedings under Section 6-A of the Act within a period of three months from the date of receipt of a copy of this order. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.39714/2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date : 13-12-2010 Note : Furnish copy in (3) days. AM