IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17357 of 2009 Between: 1 V. Krishnaiah S/o. Laxmaiah R/o. Penchikaldinne Village, Neredcherla Mandal, Nalgonda District. 2 P. Satyanarayana S/o. Sangaiah R/o. Penchikaldinne Village, Neredcherla Mandal, Nalgonda District. 3 N. Prasada Rao S/o. Venkata Satyanarayana R/o. Penchikaldinne Village, Neredcherla Mandal, Nalgonda District. 4 V. Kasthuri Bai W/o. Late Laxmaiah R/o. Penchikaldinne Village, Neredcherla Mandal, Nalgonda District. 5 Veeramachineni Veni W/o. Krishanaiah R/o. Penchikaldinne Village, Neredcherla Mandal, Nalgonda District. 6 P. Shyamalamma W/o. Satyam & Satyanarayana R/o. Penchikaldinne Village, Neredcherla Mandal, Nalgonda District. 7 Ambati Papi Reddy S/o. Saidi Reddy R/o. Pareddygudem Village, Garidepally Mandal, Nalgonda District. 8 Koneru Bhanu D/o. Tagoor R/o. Gundlapadu Village, Neredcherla Mandal, Nalgonda District. 9 K. Mattaiah S/o. Ramaiah R/o. Neredcherla Village, Neredcherla Mandal, Nalgonda District. 10 M. Krishnachary S/o. Satyanarayana R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 11 P. Lachi Reddy S/o. Shambi Reddy R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. ..... PETITIONERS AND 1 The District Collector, Nalgonda District, Nalgonda. 2 The District Manager, A.P. State Civil Supplies Corp. Ltd., Nalgonda. 3 The Joint Director, A.P. State Civil Supplies Corp. Ltd., Nalgonda. 4 The Tahsildar, Neredcherla Mandal, Nalgonda District. 5 The Manager A.P. State Warehousing Corporation Miryaguda, Nalgonda District. .....RESPONDENTS 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing stocks of paddy of 1010 Variety belonging to Petitioners which is subject matter of proceedings No. CS1/1483/09 DT. 22-07-2009 on the file of the District Collector, Nalgonda (1st Respondent) as being arbitrary, illegal and violative of principles of natural justice, Article 14 & 21 of the Constitution of India, consequently set-aside i) the Order passed by the 1st Respondent dt. 22-07-2009 in proceedings No. CS1/1483/09 ii) the notice under Section 6-B of Essential Commodities Act, issued by 1st Respondent dt. 27-07-2009 in proceedings No. CS1/1483/09. Counsel for the Petitioners :MR.HARENDER PRASAD Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 17357 of 2009 ORDER: The petitioners filed this Writ Petition under Article 226 of the Constitution of India seeking a writ of Mandamus to declare the action of the respondents in seizing stocks of paddy of 1010 variety belonging to petitioners which is subject matter of proceedings No.CS1/1483/09, dated 22.07.2009 on the file of the District Collector, Nalgonda, 1st respondent, as arbitrary and illegal and consequently set aside the said order and the notice issued therein. 2. According to the petitioners they are farmers and have grown the paddy in question and as they do not have sufficient storing facilities, the said stocks were stored in a warehouse maintained by the Andhra Pradesh State Ware Housing Corporation, Miryalaguda, Nalgonda District. The Vigilance and Enforcement officials visited the said godown and seized the stocks belonging to the petitioners on the ground that the same are stored without having any valid licence. Thereafter, the matter was reported to the 1st respondent and he initiated proceedings under Section 6-A of the Essential Commodities Act, 1955. Immediately, the petitioners approached the 1st respondent and filed their applications stating that they are the growers and as such they do not need any licence to have paddy in their possession and also requested the Collector to release the said stocks. However, the 1st respondent issued proceedings dated 27.07.2009 directing District Manager, Andhra Pradesh State Civil Supplies Corporation Limited, 2nd respondent herein, to sell the seized stocks through Public Auction. Pursuant there to, a notice was issued on 18.08.2009 informing that an auction will take place on 22.08.2009. The same is questioned in this writ petition. 3. Heard the learned counsel appearing for the petitioners and also the learned Assistant Government Pleader for Civil Supplies. 4. When once the petitioners approached the 1st respondent and gave representation claiming the property and also stating that they are the growers, the 1st respondent ought to have decided the said representations/applications before passing orders to sell the said product by way of public auction. If the 1st respondent decides that the petitioners are all farmers, in my considered view, all those proceedings become unnecessary. 5. Accordingly, 1st respondent-the District Collector, Nalgonda District is hereby directed to look into the aspect, as to whether the petitioners herein are farmers and they are entitled to store the seized products in the godown belonging to the Andhra Pradesh State Ware Housing Corporation or not within a period of two weeks. Till final orders are passed, the stocks in question shall not be sold. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. ________________________________ GOPALA KRISHNA TAMADA, J 21st August, 2009 MD/KSH