THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26021 of 2009 DATE:30.11.2009 Between: Maduri Suresh ... Petitioner and The Joint Collector (Civil Supplies), Warangal, Warangal District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26021 of 2009 ORDER: According to the petitioner, he is doing business in kirana and other commodities in the name and style of "M/s. Swathi Kirana Merchants" at K.Samudram Village and Mandal, Warangal District. While so, on 03.11.2009 the 2nd respondent along with his staff inspected his shop and seized 12 quintals of Vijaya Masuri rice and 10 quintals of broken rice, and thereafter, they also inspected his residence and seized 17.50 quintals of Vijaya Masuri Rice, 30 quintals of broken rice and 16 quintals of Yerramallelu rice, alleging that he is carrying on business without possessing a valid licence. Subsequently, they reported the matter to the 1st respondent, who in turn, initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short "the Act") against him and issued proceedings in ECAC No.134/2009 dated 17.11.2009 directing the 3rd respondent to dispose off the seized stock through public auction and deposit the sale proceeds in the revenue heads. Being aggrieved by the same, he filed the present writ petition. 2. Heard both the learned counsel. 3. It is the contention of the learned counsel for the petitioner that the stocks seized in the residential house of the petitioner is meant for personal consumption and though the petitioner tried to explain the same, the 2nd respondent did not hear him. 4. Having considered the submissions made by the counsel on either side and as the proceedings under Section 6-A of the Act have already been initiated and the petitioner agreed to furnish bank guarantee for release of the seized stocks, this Court is inclined to release the seized stocks in favour of the petitioner. 5. Accordingly, this writ petition is disposed of directing the 1st respondent to release the stocks seized on 03.11.2009 in favour of the petitioner on his furnishing bank guarantee to a tune of Rs.50,000/- (Rupees Fifty thousand only). There shall be no order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J 30th November, 2009 cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26021 of 2009 (Disposed of) 30th November, 2009 cbs