THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17166 of 2009 DATED: 19-08-2009 Between: P.Shaik Sha Vali Khan @ Shah Vali Khan. ..... PETITIONER AND The Civil Supplier Deputy Tahsildar, Renigunta, Chittoor District & 2 others. .....RESPONDENTS ORDER: Petitioner approached this Court and filed the present Writ Petition seeking a mandamus declaring the action of the 1st respondent in seizing the stock belonging to the petitioner on 29- 07-2009 at Renigunta Check post under panchanama and the initiation of proceedings under Section 6-A of the E.A.Act, as illegal and arbitrary. 2. Heard learned counsel appearing for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. 3. Petitioner’s complaint is that though he is a farmer and raised paddy crop in his fields, the respondent authorities without heeding to his words seized the commodity as if the petitioner is carrying on the business clandestinely without any valid licence. 4. The brief facts are that the petitioner and several other farmers stored paddy grown in their fields in a warehouse situated at Ponnapuram village, Sirivella mandal, Kurnool District as they do not have the storage facilities. The Vigilance (Enforcement) authorities visited the said warehouse and seized the entire stock of 70,320 bags = 52,740 quintals of paddy on the ground that the said storage is contrary to the provisions of the relevant Control Order. On the report furnished by the Vigilance officials, proceedings have been initiated under Section 6-A of the Essential Commodities Act, 1955 ( for brevity, ‘the Act’). Petitioner and several other farmers approached the Collector and offered their explanation and the Collector after being satisfied that the said seizure is illegal, passed an order on 13-07-2009 releasing the said paddy and accordingly the paddy of 236.25 quintals seized from the petitioner was also released. 5. Be that as it may, when the petitioner was carrying the said paddy to Tirupathi, again the Vigilance officials inspected the vehicle and seized the same on the ground that the petitioner is carrying on the paddy without having any valid licence and hence, the petitioner approached this Court and filed the present Writ Petition. 6. When once the paddy i.e. 236.25 quintals was ordered to be released by the Collector on the ground that the petitioner is a farmer and also when the petitioner tried to explain the same to the Vigilance officials, the Vigilance officials ought not to have seized the said commodity on the ground that the petitioner is not having valid licence or permit. Admittedly, the Collector, Kurnool held a detailed enquiry as provided for under Section 6 (A) of the Act and came to the conclusion that the petitioner is a farmer and the said paddy is grown by him in his fields. In that view of the matter, this Court has no hesitation to come to the conclusion that the said seizure and the consequential proceedings are illegal. 7. Accordingly, Writ Petition is allowed and the respondents are hereby directed to release the said paddy forthwith and all the proceedings pursuant to the said seizure are hereby quashed. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 19th August, 2009. Note: Issue operative portion of the order by wire at party’s costs. B/o Tsy