IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17133 of 2009 Between: M/s.Sannathi Trading Company Pvt. Ltd., ..... PETITIONER AND The Collector (Civil Supplies), Rangareddy District and others. ....RESPONDENTS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.17133 OF 2009 ORDER : This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus to declare the action of the 2nd respondent in seizing 1480.05 quintals of red gram from the godown bearing Plot No.11 and 10, Bandlaguda (Ahmethguda), Keesara Mandal, Rangareddy District of the petitioner, as illegal and arbitrary and consequently direct the respondents to release the aforesaid pulses in favour of the petitioner. 2) The petitioner’s contention is that though he gave an application seeking permission to store the stocks in the godowns mentioned therein i.e., other than the licenced business premises, the respondent authorities seized the commodity i.e., 1480.05 quintals of red gram on 12.08.2009 on the ground that the same is other than the licence premises and hence, he approached this Court and filed the present Writ Petition. 3) From a perusal of the record, it is clear that the petitioner’s licence is valid upto 30.09.2009 and it also appears that the petitioner gave an application on 17.07.2009 in Form-A requesting the authorities to permit him to store the said stocks in the godown bearing Plot No.10 and 11 of Bandlaguda (Ahmethguda), Keesara Mandal, Rangareddy District and the stocks were seized from out of the said premises. When once form-A has been given, wherein the present premises where the stocks were seized is mentioned, it cannot be said that the petitioner had illegally stored the said red gram. 4) Prima facie, this Court is of the view that the petitioner is entitled for release of the said stocks. Accordingly, the said stocks i.e., 1480.05 quintals of red gram seized by the 2nd respondent on 12.08.2009 shall be released in favour of the petitioner, however, on his furnishing bank guarantee to a tune of Rs.20,00,000/- (Rupees Twenty lakhs only), within a period of two weeks from the date of receipt of a copy of this order. The District Collector, who is holding an enquiry under Section 6-A of Essential Commodities Act, shall complete the said enquiry at the earliest preferably within a period of 8 weeks from the date of receipt of a copy of this order. 5) Accordingly, this writ petition is disposed of at the stage of admission. There shall be no order as to costs. ___________________________ (GOPALA KRISHNA TAMADA, J) August 27, 2009 KSH