IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12382 of 2008 Between: Gouri Shankar Modern Rice Mill, Chalgal Village, Jagtial Mandal, Karimnagar District, Rep. by its Managing Partner Bejjanki Satyanrayana Rao, S/o. Narsing Rao, aged 53 yrs, Occ: Business, Chalgal Village, Jagtial Mandal, Karimnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Ex.Officio Secretary, Consumer Affairs, Food & Civil Supplies Department, Secretariat, Hyderabad. 2 The District Collector (CS), Karimnagar. 3 The District Supply Officer, Karimnagar. 4 The Food Inspector, Jagtial, Karimnagar District. 5 The Deputy Superintendent of Police, Vigilance (Enforcement) Karimnagar. 6 The Deputy Tahsildar (CS), Peddapalli, Karimnagar District. 7 The Tahsildar (CS), Jagtial Mandal, Karimnagar District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Writ of Mandamus declare the seizure of the entire stocks i.e., paddy 6367.88 Quintals, Rice 200.90 Quintals, Broken Rice 140.00 quintals and Paddy (under milling) 32.29 Qunitals from the petitioner Rice Mill on 30.05.2008 by the 2nd respondent as a consequential action in pursuance of Seizure of 30 Quintals of rice by the respondents 3 to 5 on 15.05.2008 while transporting the same in 3 Autos to Gundlapalli Village alleging the violation of the Clause 7(a)(2) of A.P. Rice Procurement Order 1984 as arbitrary, illegal, unreasonable, without jurisdiction and contrary to the procedure being followed earlier for procurement of Mill levy rice while implementing the A.P. Rice Procurement (Levy) Order 1984 and pass Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : ORAL ORDER: The Writ Petition is directed against the action of the respondents, in particular the 2nd respondent who is in administrative and quasi-judicial control of the proceedings with regard to the seizure of stocks of notified commodities regulated by the provisions of the A.P. Rice Procurement (Levy) Order, 1984, as amended by the notification issued in G.O.Ms.No. 13, Consumer Affairs, Food and Civil Supplies (CS.I) Department dated 24.3.2008. The commodities in the petitioner’s premises were seized on allegation of violation of Clause 7 (a) (2) namely that the commodities were being transported without accompanying release certificates. The commodities were being transported in three (3) autos to Gundlapalli Village. After the seizure, the petitioner submitted a representation to the 1st respondent for interim release of the commodities in his favour, on 2.6.2008. Proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) are pending. In these proceedings, the petitioner challenges the seizure and in substance seeks release in his favour of the seized commodities. In view of the pendency of the proceedings under Section 6-A of the Act, no order for release of the commodities pending proceedings under the Act could be passed by this Court, particularly since the petitioner’s application for release is pending with the 2nd respondent. The Writ Petition is therefore disposed of directing the 2nd respondent to consider and pass orders on the petitioner’s representation dated 2.6.2008 for interim release of the seized stock, expeditiously and in any event within a period of two weeks from the date of receipt of a copy of this order. The 2nd respondent may also consider expeditious disposal of the proceedings under Section 6-A of the Act. There shall be no order as to costs. GODA RAGHURAM, J Date: 16.6.2008 Note: CC as soon as possible Bo cvm