THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16166 of 2009 DATE:07.08.2009 Between: Nalla Ramesh and another ... Petitioners and The Joint Collector (CS), Karimnagar District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16166 of 2009 ORDER: This writ petition is filed by the petitioners seeking a Writ of Mandamus to declare the action of 3rd respondent in seizing 9 quintals of Saikishore gold and 10.50 quintals of palmolein oil and an auto bearing No.AP 23X 0206, through panchnama dated 16.07.2009, as illegal and arbitrary, and consequently direct the respondents to release the seized stock and the auto. 2. The facts of the case, in brief, are that the 1st petitioner is doing business in edible oils in whole sale and retail and he has obtained licence No.432,CSJ/FGL/09, under the A.P. Schedule Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 and it is in force. While so, on 16.07.2009 while he was transporting 9 quintals of Saikishore gold and 10.50 quintals of Palmolein oil in an auto bearing No.AP 23X 0206 belonging to the 2nd petitioner for delivery at Metpally of Karimnagar District, the Assistant Supply Officer, Siricilla, Karimnagar District - 3rd respondent has stopped the said auto and seized the same with the stock therein on the ground that the 1st petitioner is not having valid licence, and later sent a report to the Joint Collector (CS), Karimnagar District - 1st respondent. Pursuant thereto, the 1st respondent has initiated proceedings against the 1st petitioner, under Section 6-A of the Essential Commodities Act, 1955. Immediately after seizure of the stocks and the auto, the petitioners approached the 1st respondent and filed an application on 17.07.2009 seeking release of the seized stock of edible oils and the auto, but no order has been passed by the 1st respondent so far. Aggrieved by the same, the petitioners filed this writ petition. 3. Heard both sides. 4. The learned counsel for the petitioner has submitted that as per Clause 10(v) of the Andhra Pradesh Schedule Commodities Dealers (Licensing, Storage and Regulation) Order, 2008, the permissible limit of storage of edible oils for a wholesale dealer is 375 quintals. Therefore, the action of the 3rd respondent in seizing the edible oils and the auto, is illegal. 5. Having considered the submissions made by both the learned counsel and also taking into consideration the fact that the seized stock is less than 20 quintals, this Court is the view that the seized stock and the auto can be ordered to be released in favour of the petitioners, on condition of their furnishing bank guarantee. 6. Accordingly, this writ petition is allowed, at the stage of admission, with a direction to the 2nd respondent to release the seized stock and also the auto bearing No.AP 23X 0206 in favour of the petitioners, on condition of their furnishing bank guarantee, for a sum of Rs.45,000/- (Rupees Forty five thousand only), within a period of two weeks (2) from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 7th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16166 of 2009 (Allowed) 7th August, 2009 CBS