IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 13726 of 2008 Between: 1 Y. Amar Kumar S/o. Hanmantha Rao R/o. H.No. 1-4-157, Balajinagar, Jagtial Proper and Mandal, Karimnagar District. 2 B. Rathnam S/o. Buchaiah R/o. H.No. 4-5-196/4, Gandhinagar locality of Jagtial Village and Mandal, Karimnagar District. 3 B. Mannam S/o. Buchaiah R/o. H.No. 4-5-196/4, Gandhinagar locality of Jagtial Village and Mandal, Karimnagar District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Ex. Officio Secretary , Consumer Affairs , Food & Civil Supplies Department, Secretariat, Hyderabad. 2 The District Collector (CS) Karimnagar. 3 The Food Inspector, Jagtial Karimnagar District. 4 The Deputy Superintendent of Police, Vigilance (Enforcement) Karimnagar. 5 The Deputy Tahsildar (CS) Peddapalli, Karimnagar District. 6 The Tahsildar (CS) Jagtial Mandal, Karimnagar District. 7 The Joint Collector, Karimnagar. .....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 a writ order or direction more in the nature of writ of Mandamus direct the Respondents to release three Autos (three wheeled goods vehicles) of the petitioners i.e. A.P 15-X-7386, AP 15-X-9547 and AP 15-W-3306 respectively which were seized by the Respondents 3 to 5 on 15- 5-2008 at Morepalli Village Jagtial Mandal, Karimnagar District while transporting the Rice belonging to Gangothri Gramykhya Mahila Sangham, Gundlapalli in the above mentioned 3 Autos to Gundlapalli Village under a cover of Panchanama dt. 15-5-2008 alleging the violation of Control Orders issued by the Government forthwith by duly declaring the seizure of the above mentioned three Autos (Three wheeled goods Vehicles) of the Petitioners as arbitrary, illegal, unreasonable without jurisdiction and violative of Article 14 of the Constitution of India and pass such further or other orders Counsel for the Petitioners:MR.V.RAVI KIRAN RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO :13726 of 2008 ORDER: On 15.5.2008, the inspecting party of the Civil supplies Department while proceeding to inspect a fair price shop, intercepted three autos belonging to the petitioners and on allegation that the autos were employed for transporting rice from Gourishankar Rice Mill, Chelgal to Gundlapalli village, without the rice miller obtaining a Release Certificate as required by the provisions of Clause 7(2)(b) of the Andhra Pradesh Procurement (Levy) Order, 1984 (for short ‘the Control Order’), seized the commodity of rice being transported and the autos. A case under Section 6-A of the Essential Commodities Act, 1955, is under the process of initiation. The petitioners submitted a representation on 22.5.2008 to the Joint Collector (CS), Karimnagar. Sri V. Ravi Kiran Rao, learned counsel for the petitioners would state that the competent authority to consider the petitioners’ application for release of the goods and the autos seized is the District Collector in view of the value, and not the Joint Collector (CS). In the circumstances, after hearing the learned Government Pleader for Civil Supplies, the writ petition is disposed of directing the 7th respondent to transmit the petitioners’ application dated 22.5.2008 to the 2nd respondent, who in turn is directed to consider the application for release on such terms as appears to the 2nd respondent to be just and proper in the circumstances of the case, expeditiously and preferably within a period of three weeks from the date of receipt of a copy of this order. The writ petition is disposed of as above at the stage of admission. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 30th June, 2008 Note: Furnish c.c. in 3 days B/o Pnb To 1 The Government of Andhra Pradesh, Rep. by its Ex. Officio Secretary , Consumer Affairs , Food & Civil Supplies Department, Secretariat, Hyderabad. 2 The District Collector (CS) Karimnagar. 3 The Food Inspector, Jagtial Karimnagar District. 4 The Deputy Superintendent of Police, Vigilance (Enforcement) Karimnagar. 5 The Deputy Tahsildar (CS) Peddapalli, Karimnagar District. 6 The Tahsildar (CS) Jagtial Mandal, Karimnagar District. 7. The Joint Collector, Karimnagar. 8. Two C.Cs. to the G.P. for Civil Supplies, High Court Buildings, Hyderabad. 9. Two C.D. copies