IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13467 of 2009 Between: M/s. Peddi Veera Lakshmaiah and Company, H.No. 4-2-43, Tower Circle, Karimnagar, Rep by its Proprietor, P. Veera Lakshmaiah, S/o. Neela Kantam, Aged about 65 years, Occ : Business, R/o. H.No. 4-2-43, Towers Circle, Karimnagar, Karimnagar District. ..... PETITIONER AND 1 The Collector (Civil Supplies), Karimnagar, Karimnagar District. 2 The Deputy Tahsildar (Civil Supplies), Malyal, Karimnagar District. 3 The Tahsildar, Karimnagar Mandal, Karimnagar District. .....RESPONDENTS Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondents:AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: This writ petition is filed for a mandamus to declare seizure of basumathi rice, cooking oil, pulses and sugar through panchanama, 05.06.2009 from the petitioner’s shop pending proceedings under Section 6-A of the Essential Commodities Act, 1955, as illegal. Heard Sri A.Prabhakar Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies for the respondents. A perusal of the impugned order prima facie shows that the petitioner holds license to carry on the trade in pulses and edible oil and it is valid up to 30.09.2009. Evidently, the respondents have not noticed the endorsement of renewal, dated 30.05.2009, while drafting the panchanama. Even according to the details of stocks mentioned by respondent No.1 in his order, dated 27.06.2009, the total quantity of rice and other pulses marginally exceed 50 quintals, which is the maximum limit of storage, by 4.25 quintals. As regards sugar and oil, there does not appear to be any limit on the quantities to be possessed by the dealer. Therefore, the impugned order, by which respondent No.1 directed sale of the seized stocks, appears to be unjust and arbitrary. Accordingly, the writ petition is allowed and the impugned order is set aside. Respondent No.1 is directed not to sell the seized stocks pending disposal of the proceedings under Section 6-A of the Essential Commodities Act, 1955. He shall complete the said proceedings, within a period of six (6) weeks from the date of receipt of a copy of this order. C.V.NAGARJUNA REDDY, J 8th JULY, 2009. kvni