HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.25060 of 2010 Date : 6-10-2010 Between : Yeruva Chandragiri Tirupathi Reddy .. Petitioner and others And The Joint Collector (CS), Prakasam District, Ongole and another .. Respondents Counsel for petitioners : Sri I.Koti Reddy Counsel for respondents : Assistant Government Pleader for Civil Supplies The Court made the following : HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.25060 of 2010 ORDER: This Writ Petition is filed for a mandamus to set-aside order dated 19-9-2010 of respondent No.1 whereby he directed disposal of 75 quintals of red gram through public auction. The petitioners claim to be agriculturists and owners of the above mentioned quantity of red gram which was seized from a premises owned by Smt.Mule Venkata Subbamma. Proceedings under Section 6-A of Essential Commodities Act, 1955 (for short “the Act”) have been initiated on the allegation that one Kota Thirupalu s/o.Subbarayudu, a businessman, has been indulging in clandestine business and as a part thereof, he has stored the above mentioned stock. The petitioners approached respondent No.1 with an application for release of the seized stock claiming that the same belongs to them. Respondent No.1, through his interim order while declining to release the stock in favour of the petitioners, directed its disposal as noted above. Sri I.Koti Reddy, leaned counsel for petitioners submitted that the petitioners being bonafide agriculturists will suffer serious loss if the seized red gram is allowed to be disposed of in public auction. A perusal of the impugned order shows that though respondent No.1 has noted the pleas raised on behalf of the petitioners, he has not dealt with the same. The question whether the stocks belong to the petitioners or to Sri Kota Thirupalu requires to be adjudicated in the proceedings pending under Section 6-A of the Act. In the light of the pleas raised by the petitioners, I am of the opinion that interests of justice would be met if the seized red gram is released to the petitioners subject to the following terms: (a) the petitioners shall furnish bank guarantee for Rs.1,50,000/- (Rupees one lakh fifty thousand only); (b) for the balance of the value of the stock as assessed by respondent No.1 in his order dated 19-9-2010, the petitioners shall furnish personal guarantee by way of execution of bonds; and (c) on compliance with the above conditions, respondent No.2 shall release the seized stock to the petitioners which shall be subject to the result of the proceedings under Section 6-A of the Act. The Writ Petition is accordingly disposed of. As a sequel to disposal of the Writ Petition, WPMP No.32036/2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date : 6-10-2010 Note: Furnish copy in (3) days. AM