IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16378 of 2009 Between: M/s. Shanmukha Dal Producers, Addaki village and Mandal, Pradasam District. ..... PETITIONER(S) AND The State of Andhra Pradesh, rep. By its Secretary (Civil Supplies), AP Secretariat, Hyderabad and another. .....RESPONDENT(S) HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No.16378 of 2009 ORDER: The petitioner is carrying on business in pulses and dalls. According to him, his business is totally in accordance with the provisions of the A.P. Scheduled Commodities Dealers (Licensing, storage & Regulation) Order, 2008, and guidelines issued by the Civil Supplies Department from time to time. However, the petitioner’s mill was inspected by the Civil Supplies Authorities on 09-06-2009 and seized the entire stock of 727 quintals of Red-Gram, 82 quintals of Red-Gram Dal and 59 quintals of Bengal-Gram, valued at Rs.1.00 lakh, on the ground of variation of 40 quintals excess in Red-Gram, shortage of 4 quintals in Red-Gram Dal and 2% i.e. 1 quintal less of Bengal-Gram. On the basis of the report furnished by the Vigilance (Enforcement) Officials, proceedings under Section 6-A of the Essential Commodities Act have been initiated by the 2nd respondent-Collector (C.S), Prakasm District at Ongole. The petitioner has approached the 2nd respondent and filed an application to release of the stock. The 2nd respondent was pleased to order release of the stocks on condition of the petitioner furnishing bank guarantee for a sum of Rs.1.00 lakh. However, as there was a transfer of the then 2nd respondent, the said order could not be issued, and though the other person assumed office of the 2nd respondent, he has not passed any order, and as such, the petitioner approached this Court and filed the present writ petition seeking release of stock. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies, appearing for the respondents. The advocate, who appeared before the 2nd respondent, filed an affidavit stating that the petitioner approached the 2nd respondent and filed an application dated 17-06-2009 seeking release of the stock and the said affidavit further reads that the 2nd respondent passed an order by making an endorsement on the petition on that day itself that the seized stock should be released in favour of the petitioner on his executing a bank guarantee for a sum of Rs.1.00 lakh. In the light of the said affidavit, sworn to by an advocate for the petitioner, this Court is of the view that the stock, seized by the Vigilance (Enforcement) Officials on 09-06-2009, shall be ordered to be released in favour of the petitioner. In the result, the Writ Petition is disposed of at the stage of admission and the respondents are hereby directed to release the stock, seized by the Vigilance (Enforcement) Authorities on 09-06-2009, in favour of the petitioner, on furnishing a bank guarantee for a sum of Rs.1,00,000/- (Rupees one lakh only), within a period of two weeks from today. Since the proceedings under Section 6-A of the Essential Commodities Act, 1955, have already been initiated, the 2nd respondent-District Collector (Civil Supplies), Prakasam District at Ongole, is directed to complete the said proceedings as expeditiously as possible, preferably, within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________ 11th August 2009 kvr