IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 22745 of 2008 Between: M/s. Sri Sai Krishna Seva Sangam Mini Rice Mill, Pasumarru Village, Chilakaluripeta Mandal, Guntur District, rep. by its President R. Sambasiva Rao, S/o. Venkateshwar Rao, Age 45 Yrs., Occ: Business R/o. Pasumarru Village, Chilakaluripeta Mandal, Guntur District. ..... PETITIONER AND 1 The Joint Collector, Nalgonda, Nalgonda District, 2 The District Collector, Nalgonda, Nalgonda District, 3 The Deputy Tahsildar, Civil Supplies, Nalgonda, 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 an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in seizing the Lorry bearing No. AP 24V 105 together with 170 quintals of rice on 15.10.2008 belonging to the petitioner as illegal, arbitrary and consequently direct the respondents to release the Lorry bearing No. AP 24V 105 together with 170 quintals of rice in favour of the petitioner. Counsel for the Petitioner: MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 22745 of 2008 O R D E R : This writ petition is ﬁled seeking a declaration that the action of the respondents in seizing the lorry bearing No. AP 24V 105 together with 170 quintals of rice on 15-10-2008 is arbitrary and illegal. The petitioner also seeks a direction to release the said lorry together with the seized rice. As could be seen from the material on record, the lorry in question together with rice was seized under a panchanama dated 15-10-2008 on certain alleged contraventions of the provisions of the Essential Commodities Act,1955 (for short ‘the Act’) and the Control Orders made thereunder. Admittedly, the proceedings under Section 6-A of the Act are pending before the ﬁrst respondent-Joint Collector, Nalgonda District. The petitioner states that though he made an application for release of the vehicle together with rice on 15-10-2008 itself and he is also ready to furnish bank guarantee to the value of the vehicle, the ﬁrst respondent failed to consider his representation. Having regard to the facts and circumstances of the case and since the application of the petitioner is pending before the ﬁrst respondent, without expressing any opinion as to the entitlement of the petitioner, the writ petition is disposed of with a direction to the ﬁrst respondent to dispose of the application for release of the vehicle together with the seized stock following due process of law as expeditiously as possible preferably within a period of one week from the date of receipt of a copy of this order. No costs. ______________ G. ROHINI, J Date: 18-10-2008 Note: Issue C.C. by Monday. B/o KLP