THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18108 OF 2009 Between: Erukulla Nagabhushanam Anaz, Rice and General Merchant, D.no.12-8-83, SVN Road, Warangal Rep by its Partner E.Sampath Kumar Petitioner And The District Collector (Civil Supplies) Warangal, Warangal District & 2 others. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18108 OF 2009 ORDER: 1 The Petitioner approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, the Petitioners herein pray that this Hon'ble Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in seizing the stocks viz., 24 quintals of Red Gram Dal, 11 quintals of Green Gram Dal, 19 quintals of Black Gram Dal, 18-50 quintals of sugar, 188-16 quintals of redgram, on 31.07.2009 and on 01.08.2009 from the shop and godown of the Petitioner and also to declare the order dated 24.08.2009 in ECAC No.90 of 2009 issued by the 1st Respondent whereby directing the 3rd Respondent to sell the aforesaid stocks in open auction as illegal, arbitrary and violative of principles of natural justice and consequently to direct the Respondents to release the aforesaid stocks in favour of the Petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2 Brief facts are that the Petitioner is having a composite licence to deal with various types of good grains and the licence is valid up to 31.03.2009 and the Petitioner submitted an application to the competent authority seeking renewal of the said licence before 31.03.2009. Though the said business is being carried on in accordance with the provisions of the relevant control orders, the Respondent authorities visited his business premises on 31.07.2009 and seized the Red Gram Dal, Green Gram Dal, Black Gram Dal and Sugar of different quantities on the ground that there are variations in the stock position. Thereafter they visited the Central Warehouse Corporation and also inspected the godown belonging to the Petitioner and seized the stock of 188.16 quintals of Red Gram stored in 294 bags. Subsequently on the basis of a report furnished by the second Respondent proceedings under section 6 A of the Essential Commodities Act have been initiated against the Petitioner and a show cause notice under Section 6 B of the said Act was also issued on 24.8.2009 ordering sale of the said stocks. As stated supra, the same is questioned in this Writ Petition. 3 The learned counsel for the petitioner Mr. Prabhakar Rao submitted that proceedings under Section 6 A of the Essential Commodities Act have already been initiated, and he further submitted that the Petitioner is ready to furnish bank guarantee for release of the said stocks in his favour. 4 Having regard to the submissions made by the learned counsel for the petitioner that proceedings under Section 6 A of the Essential Commodities Act have already been initiated, and, now that the Petitioner has come forward and agreed to furnish bank guarantee for release of the stocks in his favour, this court is of the view that the said stocks seized from out of the business premises of the Petitioner can be ordered to be released in favour of the Petitioner provided the Petitioner furnishes bank guarantee to a tune of Rs.6 lakhs to the satisfaction of the Collector, pending disposal of the proceedings initiated under section 6 A of the Essential Commodities Act. 5 The Writ Petition is accordingly disposed of. No order as to costs. ------------------------- 27.08.2009 kvsn