IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 13163 of 2009 Between: M/s. Devi Traders, Atmakur, Mahboobnagar District, Rep. by its Proprietor Sri K. Venkateswara Setty S/o. Balaiah, 36 yrs, R/o. Amarachita Village, Atmakur Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The District Collector (Civil Supplies) Mahaboobnagar District, Mahaboobnagar 2 The Incharge Vigilance & Enforcement Officer, Atmakur, Mahboobnagar District, Previously Deputy Tahsildar, (Enforcement) Narayanpet, Mahboobnagar District. .....RESPONDENTS Counsel for the Petitioner: MR.P.ANILKUMAR REDDY Counsel for the Respondent : AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent No.2 in seizing 2831.40 quintals of paddy, 269.75 quintals of rice and 60 quintals of broken rice under panchanama dated 18- 6-2009 from the petitioner’s mill, as illegal and arbitrary. This Court by order dated 3-7-2009 directed the respondents not to sell the seized stocks. At the hearing, Sri P.Anil Kumar Reddy, learned counsel for the petitioner, submitted that the alleged variations in paddy, rice and broken rice are too meagre to warrant any action against the petitioner. He further submitted that proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”) have already been initiated and the petitioner will suffer irreparable loss if the seized quantities are sold in the market, pending the said proceedings. I have heard the learned Assistant Government Pleader for Civil Supplies. Panchanama, dated 18-6-2009, under which the stocks have been seized, shows that there is a small variation of -4.10 quintals in respect of paddy as against the total quantity of 2835.50 quintals. As regards the rice and broken rice, the variation was +43.76 quintals and +09.00 quintals as against the total quantities of 226.00 quintals and 51 quintals respectively. Inasmuch as the proceedings under Section 6-A of the Act are pending and except the above-mentioned variations no other violations are pointed out in the panchanama, interests of justice would be met if the respondents are directed not to sell the seized stocks, pending proceedings under Section 6-A of the Act. Respondent No.1 is directed to dispose of the said proceedings under Section 6-A of the Act within a period of eight weeks from the date of receipt of a copy of this order. Subject to the above directions, the Writ Petition is disposed of. --------------------------------------- C.V.NAGARJUNA REDDY,J Date:07-7-2009 MNR