IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20022 of 2009 Between: 1 Agaram Hari Krishna, S/o. Ramaswamy, R/o. Thotapalli (V), T.P. Gudur Mandal, SPSR Nellore District, 2 Agaram Dilli Babu, S/o. Narsihmulu, R/o. Thotapalli (V), T.P. Gudur Mandal, SPSR Nellore District, 3 Rayapur Sree Hari, S/o. Pollaiah, R/o. Thotapalli (V), T.P. Gudur Mandal, SPSR Nellore District, 4 Rayapu Sarla Kumari, W/o. Sreehari, R/o. Thotapalli (V), T.P. Gudur Mandal, SPSR Nellore District, 5 Y.V.Sudhakar Reddy, S/o. Y.V.Ramana Reddy R/o. 6/381, Singarajuvari Street, Stonehousepet, Nellore, SPSR Nellore District. ..... PETITIONER(S) AND 1 The Joint Collector, Nellore, 2 The District Manager, A.P. State Civil Supplies Corporation, Nellore, SPSR Nellore 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declairng the seizure of 600 bags of rice total weighing 14.880 Mts. along with the lorry bearing No.AP 26.W.9988 on 23-08-2009 and further orders of the 1st respondent in Rc.B.467/09 dated 27-08-2009 and Rc.B.467/09 dated 31-08-2009 where under the ordered for confiscation of the seized stock and lorry and rejecting the petitioner filed by the petitioners respectively as illegal, arbitrary, violativeof Principles of Natural Justice and contrary to the provisions of Essential Commodities Act, 1955 and the Control Orders made there under and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure and release the same to the petitioners Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.20022 OF 2009 ORDER: 1 Petitioners 1 to 4 are agriculturists and fifth petitioner is owner of the lorry bearing No.AP 26 W 9988. The produce grown in the fields of the petitioners 1 to 4 was transported in the lorry belonging to the fifth petitioner on 23.08.2009 and during the course of the said transit, the Police Nellore seized the same and handed it over to the District Supply Officer, Nellore on the next day. Thereafter a panchanama was prepared on 25.08.2009 and on the basis of the report furnished by the District Supply Officer, the first respondent initiated proceedings under Section 6 A of the Essential Commodities Act, 1955 (for short ‘the Act’). Thereafter as no petition was filed for release of either the lorry or the stocks so seized, the Joint Collector passed an order on 27.08.2009 for sale of the said rice through special counters to the public and for remittance of the sale proceedings into the court. Thereafter a notice was issued under Section 6 B of the Act on 31.08.2009. The same is challenged in this Writ Petition. 2 The learned counsel for the petitioner has drawn my attention to some of the paragraphs of the order dated 27.08.2009 and also the order dated 31.08.2009 of the Joint Collector and vehemently contended that even before issuance of the said show cause notice, as provided for under Section 6 B of the Act, the order of confiscation was passed. 3 It is true, as rightly contended by the learned counsel for the petitioner that the Joint Collector used the word ‘confiscation’ in the order dated 27.08.2009. But from a perusal of the entire order, it is clear that it is not an order of confiscation, but it is only an interim arrangement that was made. Similarly, in the order dated 31.08.2009 also some remarks have been made by the Joint Collector. But from that it cannot be said that the entire proceedings under Section 6 A of the Act have been concluded. 4 Hence, this court directs the Joint Collector to hold an enquiry as per the proceedings initiated under Section 6 A of the Act by giving sufficient opportunity to the petitioners and pass appropriate orders. It is needless to observe that the petitioners also can file any documents to establish that the said transport of rice is not clandestine and it is the produce grown in their fields and the said proceedings shall be concluded at the earliest, preferably, within a period of eight weeks from the date of receipt of a copy of this order. Till such time, the seized stock of 600 bags of rice weighing 14.88 M.T. shall not be sold. 5 As the fifth petitioner have come forward offering security for release of the vehicle, the vehicle bearing No.AP 26 W 9988 is ordered to be released in favour of the fifth petitioner on his depositing title deeds equivalent to an amount of Rs.3,72,000/- and as and when the said title deeds are deposited, the said vehicle shall be released in favour of the fifth petitioner. 6 With the above directions, the Writ Petition is disposed of at the stage of admission. No order as to costs. --------------------- 17.09.2009 Issue C.C. today B/O kvsn