IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 12012 of 2009 Between: 1 M/s.Sri Krishnarjuna Par Boiled Rice Mill rep.by its Managing Partner Chanda Nagabushanam S/o.Narayana (Business) Lalgadi,Malakpet,Shameerpet(M) Ranga Reddy District 2 P.Shankar Rao S/o Janardhan Rao Onwer of Lorry Bearing No.AP II W7566 4-90 Kongara Kalan Ibrahimpatnam, Ranga Reddy District ..... PETITIONERS AND 1 The Collector(CS) Ranga Reddy Lakdikapool,Hyderabad 2 Asst Supply Officer Circle III Saroornagar (V) &(M) Ranga Reddy District .....RESPONDENTS Counsel for the Petitioners: MR.V.H.V.R.R.SWAMY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: Order: This Writ Petition is filed for a writ of Mandamus to declare the seizure of 171.50 quintals of paddy along with lorry bearing registration No.AP 11 W 7566, on 16-06-2009, by the respondents as illegal. The above-mentioned quantity of paddy was detected in the premises of Sri Mahalakshmi Rice industries, Karmanghat, by respondent No.2 along with his staff. When accosted, the driver of the aforementioned lorry informed the inspecting Officials that the paddy was purchased by petitioner No.1 from one M.Krishna Reddy of Bethavolu Village, Chikuru Mandal, Nalgonda District, under way-bill and Agricultural Market Committee Receipt, dated 15-06-2009, and that the same was being transported to the premises of petitioner No.1 located at Lalgadi, Malakpet, Shamirpet Mandal, Ranga Reddy District. In the Panchanama, it is mentioned that the driver informed the inspecting Officials that he took the aforementioned lorry into the premises of Sri Mahalakshmi Rice Industries, Karmanghat, only to know the address of petitioner No.1. It is further stated that on verification, the variation in the stock registers and the ground stock of Sri Mahalakshmi Rice Industries was found to be within the permissible limits. The question, whether the seized stock was intended to be diverted to Sri Mahalakshmi Rice Industries, Karmanghat, contrary to the way-bill and other documents or not, can be adjudicated only in the proceedings under Section 6-A of the Essential Commodities Act, 1955. Therefore, it is neither feasible nor proper for this Court to give a finding thereon. But, prima facie, this Court feels that as the seized stock was supported by proper way-bill and other documents and the inspecting Officials have not found any irregularities with reference to the business conducted by Sri Mahalakshmi Rice Industries, where the lorry along with the stock was found, interests of justice would be met if the respondents are directed to release the lorry to petitioner No.2, who is its owner, subject to his furnishing Bank guarantee for its value. Accordingly, respondent No.1 is directed to release lorry bearing registration No.AP 11 W 7566 to petitioner No.2, who is its owner, within one week of his furnishing Bank guarantee for its value. The release of the lorry shall be subject to result of the proceedings under Section 6-A of the Act. As regards the seized stock, as proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) are pending, respondent No.1 is directed not to sell the seized stock till the conclusion of the enquiry and passing appropriate orders therein. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.15478 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 23rd June, 2009 LUR