THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19108 of 2009 DATE:10.09.2009 Between: Sai Teja Traders, Yeragondapalem, Prakasam District, represented by its Proprietor ... Petitioner and The Joint Collector-II(Civil Supplies), Ranga Reddy District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19108 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in seizing 160.50 quintals of common rice in his shop under panchanama dated 10.02.2009, as illegal and arbitrary, and consequently, to direct respondents 1 and 2 to release the seized stock. 2. The case of the petitioner, in brief, is that he is running a rice mill and also carrying on business in rice in the name and style of "Sai Teja Traders" at Yerragondapalem, Prakasam District, by obtaining necessary permissions. While he was transporting 160.50 quintals of rice in a lorry bearing No.AP 07 3285 from his rice mill to Hyderabad, on 09.02.2009, the Assistant Supply Officer, Rangareddy District - 2nd respondent inspected the lorry and seized the rice as well as the lorry alleging that he has not obtained release certificate from competent authority, under panchanama dated 10.02.2009. Subsequently, he registered a case against him under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') and reported the matter to the Joint Collector, Rangareddy District - 1st respondent, who in turn, issued a notice to him under Section 6-B of the Act on 19.02.2009. After seizure of the rice, he filed a petition before the 1st respondent on 25.02.2009, seeking interim custody of the seized stock on his furnishing third party security, pending disposal of the 6-A proceedings, but so far no order has been passed on his petition. Aggrieved by the same, he filed the present writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has contended that the driver of the lorry produced before the 2nd respondent the relevant documents pertaining to transportation of the rice. But, without going through the documents, the 2nd respondent seized the stocks on the ground that the petitioner has not obtained the release certificate, though it is not required under law. He further contended that the petitioner filed a petition before the 1st respondent seeking interim custody of the seized rice, but no order is passed thereon so far. On the other hand, the learned Assistant Government Pleader has submitted that 6-A proceedings have already been initiated. 5. Having considered the submissions made by the counsel on either side, this Court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to complete the 6-A proceedings at the earliest. 6. Accordingly, this writ petition is disposed of directing the 2nd respondent to complete the proceedings initiated under Section 6-A of the Act within a period of four (4) weeks from the date of receipt of a copy of this order. If for any reason, the 6-A proceedings are not completed within the stipulated time, the 1st respondent shall release the seized stock of 160.50 quintals of rice in favour of the petitioner, by imposing some conditions. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 10th September, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19108 of 2009 (Disposed of) 10th September, 2009 CBS