IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 18136 of 2008 Between: 1. Yerramsetty Ramanjaneyulu S/o.Balavenkaiah, R/o.Turakapalem village, Tallur Mandal, Prakasam District 2. Nuthakani Ramaiah S/o.Venkata Subbaiah, R/o.Chandrapalem village S.N.Padu Mandal, Prakasam District 3. Nuthakani Srimannarayana S/o.Seshaiah, R/o.Chandrapalem village S.N.Padu Mandal, Prakasam District 4. Gavireddy Ramaiah S/o.Venkata Redy, R/o.Polireddypalem village Kondepi Mandal, Prakasam District 5. Enimireddy Pitchi Reddy S/o.Nalla Reddy, R/o.Tatakulapalem village Kondepi Mandal, Prakasam District 6. Sirigiri Koteswara Rao S/o.Bheemaiah, R/o.Tatakulapalem village Kondepi Mandal, Prakasam District 7. Chaluvadi Ramaiah S/o.Kotaiah, R/o.Mugachintala village Kondepi Mandal Prakasam District 8. Somu Subba Reddy S/o.Pedda Subba Reddy, R/o.Reddypalem village Jarugumalli mandal, Prakasam District 9. Boddapati Venkata Rao S/o.Koti Lingaiah, R/o.Muppavaram village Kondepti Mandal, Prakasam District 10.Gurram Venkateswarlu S/o.Sriramulu, R/o.bandlamudi village Chimakurthy Mandal, Prakasam District 11. Kancherla Venkata Rao S/o.Ananthaiah, R/o.Kotikalapudi village Addanki Mandal, Prakasam District 12. Amara Prasad S/o.Lakshminarayana, R/o.Vempadu village Mundlamur Mandal, Prakasam District ... PETITIONER(S) AND 1 State of Andhra Pradesh, rep.by its Principal Secretary to (Consumer Affairs Food and Civil Supplies (CS-I) Department, Secretariat, Saifabad,Hyderabad. 2 The District Collector, Prakasam District at Ongole 3 Enforcement Deputy Tahsildar, Singarayakonda Village and Mandal, PrakasamDistrict. 4 District Manager (Civil Supplies ) Andhra Pradesh State civil Supplies Corporation Limited, CWC, Thoravagunta, Prakasam District 5 Manager, Central Ware House Corporation, Throvagunta village Ongole Mandal, Prakasam District ...RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus declaring the action of the respondents in seizure of red gram belonging to the petitioners from cold storage premises of 5th respondent under Panchanama dated 28.7.2008 consequential proceedings in Rc.CS1/6A/148/2008 and order dated 2.8.2008 passed by the 2nd respondent directing interim disposal of the seized stocks as illegal, irregular without jurisdiction and offends Articles 14,21 and 300A of Constitution of India and consequently direct the respondents to release the said stocks forthwith and pass such other order or orders as this Hon’ble Court may deems fit. Counsel for the Petitioner: MR. NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 18148 of 2008 Between: 1. Tolusuri Guravaiah S/o. Rajaiah, R/o. Kanduluru Village, Tanguturu Mandal, Prakasam district. 2. Yellavula Kondaiah S/o. Malakondaiah, R/o. Perapuram Village, Jarugumalli (M), Prakasam District. ... PETITIONER(S) AND 1 State of A.P., rep. by its Principal Secretary to ( Consumer Affairs, Food and Civil Supplies (CS-I) Department ), Secretariat, Saifabad, Hyderabad. 2 The District Collector, Prakasam District at Ongole 3 Enforcement Deputy Tahsildar, Darsi, Prakasam District. 4 District Manager ( Civil Supplies ), Andra Pradesh State Civil Supplies Corporation Ltd., Ongole, Prakasam District. 5 Manage4r, Munaga Chennaiah Cold Storage, Santhanuthalapadu Village and Mandal, Prakasam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus declaring the action of the respondents in seizure of red gram belonging to the petitioners from Cold storage premises of 5th respondent under Panchanama dt. 28-07-2008, consequential proceedings in Rc.CS1/6A/146/2008 and order dt. 02.08.2008 passed by the 2nd respondent directing interim disposal of the seized stocks as illegal, irregular, without jurisdiction and offends Article 14, 21 and 300 A of Constitution of India and consequently direct the Respondents to release the said stocks forthwith and pass such other order or orders as this Hon’ble Court may deems fit. Counsel for the Petitioner: MR. NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 18165 of 2008 Between: 1. Kodela Sambasiva Rao S/o. Krishnaiah, R/o. Yenikapadu Village, Santhanuthalapadu Mandal, Prakasam District. 2. Tota Kondala Rayudu S/o. Malkondaiah, R/o. Chintalapalem Village, Jarugumalli Mandal, Prakasam District. 3. Konuri Ranganayakulu S/o. Late Basavaiah, R/o. Davaguduru Village, Jarugumalli Mandal, Prakasam District. 4. Bodapati Ramanaiah S/o. Yanadi, R/o. Nethivaripalem Village, Kondepi Mandal, Prakasam District. 5. Pathuri Krishnaiah S/o. Ramaiah, R/o. Chilakapadu Village, Santhanuthalapadu Mandal, Prakasam District. ... PETITIONER(S) AND 1 State of Andhra Pradesh rep. by its Principal Secretary to (Consumer Affairs, Food and Civil Supplies (CS-I) Department, Secretariat, Saifabad, Hyderabad. 2 The District Collector, Prakasam District at Ongole. 3 Enforcement Deputy Tahsildar, Darsi, Prakasam District. 4 District Manager (Civil Supplies), Andhra Pradesh State Civil Supplies Corporation Limited, Ongole, Prakasam District. 5 Munaga Chennaiah, Santhanuthalapadu Village and Mandal, Prakasam District. ...RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Mandamus declaring the action of the respondents in seizure of red gram belonging to the petitioners from Cold Storage premises of 5th respondent under Panchanama dt. 28.07.2008, consequential proceedings in Rc.CS1/6A/144/2008, dt. 02.08.2008 passed by the 2nd respondent directing interim disposal of the seized stocks as illegal, irregular, without jurisdiction and offends Article 14, 21 and 300A of Constitution of India and consequently direct the respondents to release the said stocks forthwith and pass such other order or orders as this Hon’ble Court may deems fit. Counsel for the Petitioner: MR. NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 18170 of 2008 Between: 1. Chedella Rambabu S/o. Subba Rao, R/o. Busarapalli Village, Chimakurthy Mandal, Prakasam District. 2. Kotha Chinna Kondareddy S/o. Pedda Venkateswarlu, R/o. Polireddipalem Village, Kondepi Mandal, Prakasam District. 3. Divi Rosaiah S/o. Parvathalu, R/o. Sameerupalem Village, Voletivaripalem [M]m Prakasam District. 4. Bodapati Ramanaiah S/o. Yanadi, R/o. Nethivaripalem Village, Kondepi Mandal, Prakasam District. 5. Pathuri Krishnaiah S/o. Ramaiah, R/o. Chilakapadu Village, Santhanuthalapadu Mandal, Prakasam District. ... PETITIONER(S) AND 1 State of Andhra Pradesh rep. by its Principal Secretary to (Consumer Affairs, Food and Civil Supplies (CS-I) Department, Secretariat, Saifabad, Hyderabad. 2 The District Collector, Prakasam District at Ongole. 3 Enforcement Deputy Tahsildar, Singarayakonda, Prakasam District. 4 District Manager (Civil Supplies), Andhra Pradesh State Civil Supplies Corporation Limited, CWC Throvagunta, Prakasam District. 5 Lakshminarayana Cold Storage Pernamitta Village, Santhnuthalapadu [M], Prakasam District. ...RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Mandamus declaring the action of the respondents in seizure of red gram belonging to the petitioners from Cold Storage premises of 5th respondent under Panchanama dt. 28.07.2008, consequential proceedings in Rc.CS1/6A/149/2008, and order dt. 02.08.2008 passed by the 2nd respondent directing interim disposal of the seized stocks as illegal, irregular, without jurisdiction and offends Article 14, 21 and 300A of Constitution of India and consequently direct the respondents to release the said stocks forthwith and pass such other order or orders as this Hon’ble Court may deems fit. Counsel for the Petitioner: MR. NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION Nos. 18136, 18148, 18165 & 18170 OF 2008 ORAL ORDER: In these writ petitions the facts are substantially similar and identical legal principles are applicable and hence they are considered and disposed of by this common order, after hearing the learned counsel for the petitioners and the learned Government Pleader for Civil Supplies. All the petitioners claim to be farmers. Red Gram was stored in different godowns of Central Ware Housing Corporation, in different villages in Prakasham District. The godowns represented by the 5th respondent in each of the writ petition, were inspected by the officers of the Vigilance and Enforcement Wing of the Civil Supplies Department. The red gram stored in the several godowns was seized after recording mediator’s reports. The reports recorded that on examination of the pattadar pass books and on assessment of the lands held and cultivated by each of the persons in relation to the quantities of red gram stored, it is seen that the stored quantity of red gram is beyond the average yield potential for the lands held and cultivated by each of the petitioners. On this assessment it is inferred as recorded in the mediator’s report, that red gram was illegally stored in contravention of the provisions of the Andhra Pradesh Pulses (Licensing and Distribution) Order 2007 (for short ‘the Control Order 2007’). On seizure, proceedings u/Sec. 6 A of the Essential Commodities Act 1955 (‘the Act’) have been initiated. The District Collector, Prakasham, passed independent orders, all dated 02.08.2008 directing interim disposal of the seized stocks of red gram and distribution of this commodity through the public distribution system. In the order dated 02.08.2008 the District Collector noted that the order of interim disposal is issued since the seized stocks are subject to speed and natural decay. The petitioners assail these orders dated 02.08.2008. According to the order of the District Collector dated 02.08.2008 the godowns were inspected on receipt of credible information by the Enforcement Deputy Tahsildar (EDT) S’konda, that some traders have illegally stored huge stocks of pulses in the names of some farmers of surrounding villages. Therefore, he with a team of officials had inspected the godowns. On inquiry the Manager of the godowns stated that the persons who had stored the red gram were agriculturists, who had stored their agricultural produce in the godowns. On enquiry the Manager produced pattadars pass books of some of the farmers. Thereafter the quantity of red gram stored was assessed in relation to the extents of lands owned/cultivated by each of the persons (on the basis of the pattadar pass books) and this was correlated with reference to the maximum yield per acre of red gram, which is 8 Qts, per acre. On such assessment, the EDT inferred that the red gram stored was in excess of the maximum acreage yield of the lands cultivated by each of the persons as revealed by their pattadar pass books and therefore a contravention of Clauses 3(2) and 3(3) of the Control Order 2007 was prima facie concluded. After recording this observation of the EDT, the District Collector recorded that as there was prima facie material to infer violation of the Control Order 2007and as the seized stocks are subject to speedy and natural decay, he orders interim disposal of the stocks of red gram and that the District Manager, Civil Supplies Corporation, Prakasham, shall take possession of the seized red gram from the custodian, shall convert the same into dall and dispose of the same through the public distribution system. The petitioners assail the seizure as well as the orders of the District Collector dated 02.08.2008 on several grounds, on merits. The petitioners principally contend that they are all farmers; the red gram is the product of their agricultural operations; they are not traders and therefore the provisions of the Control Order 2007 are inapplicable; that the maximum acreage yield adopted is illusory and without a basis; that red gram is not a commodity subject to speedy and natural decay; and therefore the very seizure and the consequent orders of the District Collector dated 02.08.2008 are unsustainable. As is apparent from the proceedings the authorities on a prima facie assessment of the fact situation inferred a violation of the provisions of the Control Order 2007. This inference is based on a maximum acreage yield of 8 Qts, per acre, an factor which is seriously contested by the petitioners. The order of the District Collector dated 02.08.2008 does not spell out the basis for adoption of the maximum acreage yield of 8 Qts. This appears to be a jurisdictional fact which goes to the root of the validity of the inference that the petitioners are not farmers as asserted, but are unlicensed traders resorting to hording and speculation of red gram in contravention of the Control Order 2007. In the event the norm (of the maximum acreage yield of 8 Qts, per acre) is without a basis and incorrect and if the computation of the red gram stored vis-à-vis the lands held and cultivated by each of the petitioners is assessed on the basis of a rational and verifiable maximum acreage yield factor and on such assessment the quantities of red gram stored are found to be rationally related to the extents of lands owned/cultivated by the petitioners, then perhaps no contravention of the provisions of the Control Order 2007 would arise. These are issues to be determined finally in the proceedings u/Sec. 6A of the Act. The immediate cause for the petitioners’ grievance is the order of interim disposal passed by the District Collector, Prakasham by the several orders dated 02.08.2008. Since red gram is per se not a commodity subject to such speedy and natural decay as would justify an order of interim disposal and particularly since the substantive proceedings u/Sec. 6A of the Act should not consume much time, this court considers it appropriate to interdict the several orders of the District Collector, Prakasham, dated 02.08.2008 only to the extent they direct interim disposal through the public distribution system and after conversion of the red gram into dall. Accordingly the writ petitions are disposed of directing the respondents not to dispose of the seized quantity of red gram qua the orders of the District Collector, Prakasham dated 02.08.2008 (impugned in the writ petitions). The red gram shall however continue in the custody as at present. The District Collector, Prakasham shall consider and dispose of the proceedings u/Sec. 6A of the Act initiated against each of the petitioners, expeditiously. The learned Government Pleader for Civil Supplies and the learned counsel for the petitioners have been heard on the time frame within which the 2nd respondent should finally dispose of the substantive proceedings. Accordingly the 2nd respondent is directed to schedule the hearing of the substantive proceedings on 04.09.2008. Within a week from today the petitioners may submit all their objections to the seizure and to the proceedings initiated under the provisions of the Act duly enclosing any material they wish to submit in defence of their claims including particulars regarding the lands owned and cultivated by them; if any lands have been leased out in their favour, copies of the registered lease deeds if any; pattadar pass books or title deeds; receipts obtained from the godowns for the quantity of red gram claimed to have been stored by them in such godowns and any other material in support of their claim to a particular yield and any material with regard to the quantity of red gram stored by them in the godowns in earlier years. The petitioners may also submit memoranda of written submissions if they so desire, and within a week from today. The objections of the petitioners shall be considered by the 2nd respondent and reasoned orders passed in final proceedings u/Sec. 6A of the Act, preferably within a period of two weeks after the date of hearing. The writ petitions are disposed of as above. There shall however be no orders as to costs. Dt: 21.08.2008 ------------------------- CC as soon as possible Justice G.Raghuram B/o Pvsn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}