The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.15441 of 2009 O r d e r : This Writ Petition is filed for a Mandamus to direct the respondents to release 662 quintals of broken rice and 808.25 quintals of raw rice, seized under Panchanama, dated 14-07-2009, by declaring seizure of the said stock and Proceedings, dated 22-07-2009, passed by respondent No.1, as illegal and arbitrary. The petitioner is a wholesale trader in food grains. His business premises was inspected by the Officials belonging to the Civil Supplies Department on 14-07-2009 and the above-mentioned stock along with 44 quintals of boiled rice was seized. Proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), were initiated. The petitioner claimed to have filed an application for release of the seized stock. Respondent No.1, while directing release of the boiled rice, by Order, dated 22-07-2009, ordered for disposal of the raw rice and broken rice, for a price not below Rs.28/- per kg and Rs.14/- per kg respectively, in the market. At the hearing, Sri L.Prabhakar Reddy, learned Counsel for the petitioner, assailed the above-mentioned Order by stating that the petitioner has not committed any illegality and that the seizure itself is illegal. Since the proceedings under Section 6-A of the Act are pending before respondent No.1, I feel it is not appropriate for this Court to render findings on the abovementioned pleas of the petitioner at this stage. While I find justification for respondent No.1 to order sale of raw rice in the open market through public auction, the same cannot be said in respect of broken rice. Though, technically, the broken rice is also included under the commodities prescribed by the A.P.Scheduled Commodities Dealers (Licensing, Storage & Regulation) Order, 2008 (for short ‘the 2008 Order’), under amendment brought out by G.O.Ms.No.49, dated 25-11- 2008, it cannot be said that the broken rice has got the same demand in the market as that of raw rice. Therefore, public interest will not suffer if broken rice is released to the petitioner pending disposal of the proceedings under Section 6-A of the Act subject to appropriate conditions, which would protect public interest. Hence, I find it appropriate to modify Order, dated 22-07-2009, passed by respondent No.1. The Writ Petition is disposed of modifying Order, dated 22-07-2009, of respondent No.1, in the following terms: (a) The order of respondent No.1 to the extent of ordering sale of raw rice of 808.25 quintals in public auction is upheld. (b) However, respondent No.1 is directed to release 662 quintals of broken rice to the petitioner subject to his furnishing Bank Guarantee for its value, as assessed by respondent No.1. (c) The sale of raw rice in the auction and release of broken rice to the petitioner shall be subject to the result of the proceedings under Section 6-A of the Essential Commodities Act, 1955. As a sequel to disposal of the Writ Petition, WPMP.No.20275 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 30th July, 2009 lur