THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 15299 of 2010 Date: 05.07.2010 Between: A.Satyanarayana Gupta ..... PETITIONER AND Government of Andhra Pradesh, represented through Collector (Civil Supplies), Ananthapur District at Ananthapur and another .....RESPONDENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 15568 OF 2010 O R D E R : The petitioner herein claims to be the authorised processor of the District Oil Federation Anantapur having been appointed as such by Andhra Pradesh Cooperative Oil seeds Growers Federation Limited, Hyderabad. It is stated that the petitioner was authorised to procure the groundnut and empowered to store, procure and process, which would be duly certified by the Andhra Pradesh State Seed Certification Agency. To that effect the petitioner had entered into an agreement on 05.04.2010 with Andhra Pradesh Cooperative Oil Seeds Growers Federation Limited. It is pleaded that after processing the groundnut the petitioner stored the same in the godown of one Mr. P.Satyanarayana at D.No.635-1, near Kasi Visweswara Temple, Bukkarayasamudram, Anantapur District after informing the authorities about the same. While so, on 12.06.2010 the vigilance enforcement officials raided the godown and seized the stock of 1191 bags of groundnut pods alleging that the same was illegally stored in the said premises. Thereafter, a show cause notice dated 17.06.2010 was issued alleging contravention of clause-3 of the Seed Control Order, 1983 and calling upon the petitioner to show cause as to why the seized stock should not be confiscated. The petitioner submitted his explanation stating that he being the authorised processor of groundnut seed, the allegation of illegal storage in contravention of seed control order, 1983 was untenable. Without considering the explanation, the 1st respondent by order dated 21.06.2010 directed disposal of the seized stock by conducting open auction on 28.06.2010. Aggrieved by the same, the petitioner filed W.P.No.14945 of 2010 in which by order dated 28.06.2010 passed in W.P.M.P.No.18836 of 2010, this Court stayed the sale of the seized stock. In the present writ petition the petitioner contends that as the entire stock belongs to Andhra Pradesh cooperative Oil Seeds Growers Federation Limited, the petitioner is entitled to take interim custody of the stock pending the enquiry under Section 6-A of the Essential Commodities Act, 1955 (for short, ‘the Act’). To substantiate his claim that the seized stock belongs to APOILFED and the same was only processed by the petitioner in the processing unit at Anantapur, the petitioner placed before this Court the letter dated 13.06.2010 addressed by the Andhra Pradesh Cooperative Oil Seeds Growers Federation Limited. Accordingly, the petitioner seeks a direction to the 1st respondent to forthwith release the seized stock. Admittedly, the proceedings under Section 6-A of the Act are pending before the 1st respondent and therefore it is for him to pass appropriate orders for release of the seized stock on appreciation of the evidence produced by the petitioner to support his claim. AS the petitioner has not yet approached the 1st respondent claiming release of the stock, I am not inclined to go into the merits of the case and express any opinion as to the contentions raised by the petitioner. Accordingly, without expressing any opinion on merits, the Writ Petition is disposed of permitting the petitioner to make an appropriate application before the 1st respondent for release of the seized stock enclosing all the relevant material to substantiate his claim. If any such application is made, the 1st respondent shall consider the same and pass appropriate orders in accordance with law within a period of one week from the date of receipt of such application. No costs. ​ ____________ Date: 05.07.2010 G. ROHINI, J Note: Issue CC of order in two days (B/o) Ivd