THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.23829 of 2011 Dated 25th August, 2011 Between: T.Kavitha …Petitioner And The Joint Collector, Visakhapatnam District and another …Respondents Counsel for the petitioner: Sri B.Devanand Counsel for respondents: AGP for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside proceedings in C.C.No.51/2011 CSR 5, dated 12.08.2011, of respondent No.1. I have heard Sri B.Devanand, learned counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies. The petitioner is a dealer in rice. On the basis of an inspection of the petitioner’s business premises, 635 bags of rice were seized on 03.05.2011 and proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) were initiated. The petitioner applied to respondent No.1 for release of the stock pending completion of the proceedings under Section 6-A of the Act. The said application was allowed by respondent No.1 vide his memo, dated 30.05.2011, subject to the condition that the petitioner shall furnish bank guarantee for Rs.3,17,500/-, representing the value of the seized stock. On the ground that the petitioner failed to furnish the bank guarantee so directed, respondent No.1 has issued proceedings, dated 12.08.2011, directing sale of the seized stock pending proceedings under Section 6-A of the Act. In this writ petition, the petitioner pleaded that due to certain financial constraints, she could not immediately furnish the bank guarantee and that she is now prepared to furnish the bank guarantee as directed by respondent No.1 in his memo, dated 30.05.2011. After hearing the learned Assistant Government Pleader for Civil Supplies, I am of the opinion that it would be in the interests of justice that the petitioner is permitted to furnish the bank guarantee in pursuance of the memo, dated 30.05.2011. Accordingly, the impugned order, dated 12.08.2011, is set aside. The petitioner is permitted to furnish the bank guarantee in terms of the memo, dated 30.05.2011, of respondent No.1, within a period of one week from today. If the stocks were not already sold as on today, on the petitioner’s furnishing bank guarantee within the prescribed time, the respondents shall release the stocks, which shall be subject to the result of the enquiry under Section 6-A of the Act. The writ petition is accordingly disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.29195 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 25th August, 2011 Note: Issue CC in five days. (b/o) VGB