THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25495 of 2010 Dated 08th October, 2010 Between: Coromandel International Limited, Secunderabad …Petitioner And The State of Andhra Pradesh, represented by the Principal Secretary, Hyderabad and others. …Respondents Counsel for the petitioner: Sri B. Nalin Kumar Counsel for respondent Nos.1 to 5: Assistant Government Pleader for Agriculture Counsel for Respondent No.6:-- The Court made the following: ORDER: This writ petition is filed for a Mandamus to set aside the order dated 20.09.2010 of respondent No.3, whereby he has directed that the seized stock of 338.50 quintals of fertilizers be disposed of at control price pending proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’). The petitioner, which is a fertilizer manufacturing company, is running retail outlets for sale of its products. On the ground that two lorries were allegedly transporting fertilizers manufactured by the petitioner illegally, the petitioner’s business premises was inspected and a quantity of 288.50 quintals of fertilisers was seized and proceedings under Section 6-A of the Act were initiated. As noted above, under the impugned order, respondent No.3 has directed disposal of the seized fertilizers. At the hearing, Mr. B. Nalin Kumar, the learned counsel for the petitioner, submitted that the alleged illegal transportation of fertilizers in the two lorries has nothing to do with the petitioner’s business operations and that there was absolutely no justification for seizing the fertilizers from the petitioner’s business premises. The learned counsel submitted that his client is prepared to offer bank guarantee for release of the seized stock pending proceedings under Section 6-A of the Act. The learned Assistant Government Pleader for Agriculture submitted that according to his instructions, a part of the seized stock has already been sold. Having regard to the facts and circumstances of the case, I am of the opinion that interests of justice would be met if the stock of 288.50 quintals seized from the petitioner’s business premises is released to the petitioner subject to its furnishing bank guarantee for the value of the stock as assessed by respondent No.3. If any part of the seized quantity of 288.50 quintals is sold as directed in the impugned order, the remaining stock, which is unsold, can be released to the petitioner subject its furnishing bank guarantee for its value. The petitioner shall furnish such bank guarantee within a period of two weeks from today and immediately thereafter the stock shall be released to the petitioner. The release of stock shall be subject to the pending proceedings under Section 6-A of the Act. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.32562 of 2010 filed by the petitioner for interim relief is disposed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 08th October, 2010 Note: Issue CC in three days. (B/o) GHN