IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20923 of 2009 Between: Coromandel Fertilizers Limited, Secunderabad. . .Petitioner And The State of Andhra Pradesh, Department of Agriculture, Secretariat, Saifabad, Hyderabad and others. .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.20923 OF 2009 ORDER: This writ petition is filed by the petitioner seeking a writ of Mandamus to declare the order dated 09.09.2009 in case No.161/2009/S-7 passed by the 2nd respondent as arbitrary and without jurisdiction and consequently direct the respondents 2 and 5 to release the seized stock covered by the aforesaid order forthwith to the petitioner in the interest of justice. 2) The petitioner herein is a manufacturer of fertilizers, having valid licence issued under the Fertilizers Control Order and for the sake of convenience, the petitioner established various retail outlets in the State of Andhra Pradesh for retail sale of fertilizers. However, the vigilance authorities inspected the retail outlet of the petitioner and seized the entire stock on 28.08.2009 and reported the matter to the District Collector-2nd respondent, who in turn initiated proceedings under Section 6-A of Essential Commodities Act. Thereafter, the 2nd respondent passed an order dated 09.09.2009 for sale of the said stocks. The same is questioned in this writ petition. 3) Heard both sides. 4) Now as the petitioner has come forward to furnish bank guarantee for release of the stocks so seized, this Court is of the view that this writ petition can be disposed of at the stage of admission with the following directions. 5) The respondents are hereby directed to release the stock of fertilizers seized on 28.08.2009 from the possession of the petitioner on a condition of the petitioner furnishing bank guarantee in a sum of Rs.7,80,000/- (Rupees Seven lakhs eighty thousand only) and on a further condition that the seized stocks, as and when released, shall sell in the public market without any further delay and file proof of said sale in the form of affidavit before the District Collector-2nd respondent. There shall be no order as to costs. ________________________ GOPALA KRISHNA TAMADA, J September 25, 2009 KSH