IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9782 of 2008 Between: Saroj Poultry and Dairy, A Unit of Cattle Feed Product, Vemulavalasa Village, Anandapuram Mandal, Visakhapatnam, Rep. by its Authorised Signatory Mr. G. Sridhar. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Joint Director, Animal Husbandry, Visakhapatnam. 2 The District Collector, Visakhapatnam, Visakhapatnam District. 3 The Tahasildar, Anandapuram mandal, Visakhapatnam District. .....RESPONDENT(S) 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 to issue an appropriate Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in seizing the petitioner unit on 21-4-2008 under mediator report, without issuing any prior notice is illegal, arbitrary, unjust, unconstitutional and violation of principles of natural justice and pass Counsel for the Petitioner:MR.K.V.L.NARASIMHA RAO Counsel for the Respondent No.: GP FOR ANIMAL HUSBANDARY The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 9782 of 2008 Oral Order: The petitioner, a manufacturing unit of cattle feed, represented by its authorized signatory, has filed this writ petition aggrieved by the action of respondent No.3, namely the Tahsildar, Anandapuram Mandal, Visakhapatnam, in seizing the unit as well as the raw material lying in the unit. The petitioner states that on 21.04.2008 respondent No.3 along with his subordinates visited the premises of the petitioner-unit and seized the unit as well as raw materials lying in the unit, without issuing any prior notice. That immediately, he made a representation dated 24.04.2008 requesting respondent No.2, namely the District Collector, Visakhapatnam, to release the unit as also the raw materials, but as no action thereon had been taken. Hence, he filed the present writ petition. The learned counsel for the petitioner submitted that the materials seized from the unit of the petitioner are raw materials used for manufacture of cattle feed, and the said materials neither cause any harm to the animals nor have anything to do with the news item reported in the newspapers that silicon is being mixed in the cattle feed supplied by the petitioner-unit, and contends that since the raw materials seized by the respondents from the premises of the petitioner-unit are perishable items, they be directed to be released. The learned Assistant Government Pleader for Revenue obtained instructions from the respondents. A letter dated 21.04.2008, addressed by the 3rd respondent, namely the Tahsildar to the 2nd respondent, namely the District Collector, is produced, wherein it is stated that on instructions from the District Collector, he inspected the premises of the petitioner and having taken samples of cattle feed readily available for dispatch and samples of raw material available in the godown, seized the godown in the presence of mediator and covered by mediatornama, sealed the godown under his hand and seal. Stating so, he reported to the District Collector as follows: “I submit that, in continuation of my enquiry, I have proceeded to Boni village and called for the beneficiaries who were supplied with milch cows under Pasukranthi Padhakam. The Veterinary Assistant, Animal Husbandry Department is also present at the time of enquiry. The beneficiaries have stated in a single voice that each of the beneficiary was supplied 100 Kgs of cattle feed by the Animal Husbandry Dept free of cost and the feed was manufactured and supplied from M/s Saroj Poultry and Dairy, Vemulavalasa. When the feed was given to the cows, the cows will become sick, thereby the yielding of milk is being reduced. They have also observed that when the feed is mixed with water some sand particles settled down in the vessel. Hence they complained to the Animal Husbandry Department. They have given written statement during the enquiry to that effect. I have collected samples from 5 Bags supplied to the beneficiaries. I submit that necessary action may be taken to analyze the samples collected from the manufacturing unit and also from the beneficiaries from the forensic laboratory and the concerned departmental officers may be directed to take legal action. I submit herewith the 10 sample packets collected and Xerox copy of news item for favour of taking further action.” Since the 3rd respondent is said to have sent the samples of the cattle feed and raw materials seized from the petitioner unit to Forensic Laboratory for analysis, it would not be proper for this Court to direct the respondents to release the seized cattle feed and raw materials to the petitioner. Whether the cattle feed and raw materials seized from the petitioner unit are mixed with silicon and whether the said materials are harmful to the animals, are matters to be considered by respondent No.3, namely the Tahsildar, on the basis of the report of the Forensic Laboratory. Hence, I deem it appropriate to dispose of the writ petition with the following directions: Upon receipt of report of the Forensic Laboratory, the petitioner is at liberty to make a representation to respondent No.3 for release of the cattle feed unit and the raw materials, and on the basis of the report of the Forensic Laboratory, respondent No.3 shall consider the request of the petitioner and pass appropriate orders in accordance with law. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 02nd May 2008 KSR/Nsr