THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33882 of 2011 Date: 23.12.2011 BETWEEN: M/s. Hanuman Sai Traders, Rep. by its proprietor Konda Laxman …. PETITIONER And The Collector (CS) Karimnagar District, Karimnagar and others. …. RESPONDENTS THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33882 of 2011 ORDER: Heard Sri K. Venumadhav, learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies and with their consent the writ petition is disposed of at the admission stage. 2. The petitioner claims to be a dealer holding a licence under the provisions of A.P. Scheduled Commodities Dealers (Licencing, Storage and Regulation) Order, 2008. The business premises of the petitioner was inspected by the 3rd respondent- District Supply Officer, Karimnagar District, along with his staff and on noticing certain variation in the stock of the commodities between the book balance and the ground balance, the inspecting officials seized the said stocks of (i) Paddy A-grade 3840 quintals; (ii) Paddy Superfine 1568 quintals; (iii) Rice Grade-A 871.00 quintals; (iv) Rice Superfine 83.70 quintals & (v) Broken Rice 240.50 quintals; and (vi) CMR paddy 6630 quintals under a panchanama dated 13.12.2011 and handed over for safe custody to one M/s. Manikanta Traders, c/o. DCMS Rice Mill, Jagtial. When the said seizure was challenged by filing W.P.No.33368 of 2011, this Court disposed of the said writ petition on 19.12.2011 directing the 1st respondent-Collector (CS), Karimnagar District, to conclude the enquiry within a period of eight weeks and not to sell the seized stock till orders are passed. 3. It is stated that the 1st respondent initiated proceedings by issuance of show cause notice under Section 6-B of the Essential Commodities Act, 1955 on 18.12.2011. Even though the seized stock was given custody to the said M/s. Manikanta Traders, the 3rd respondent passed the impugned order in proc.No.G3/1639/2011, dated 16.12.2011 directing the said custodian to handover the stocks to one Kotagiri Vamshi Krishna, Managing Partner of Sri Ganesh Rice Mill, Thippannapet Village of Jagtial for safe custody. The said order has been passed on the premise that the proprietor of M/s. Manikanta Traders is related to the petitioner and that there is likelihood of collusion to weaken the case. 4. The impugned order is under challenge on the ground that there is no reason to assume collusion between the petitioner and the aforesaid custodian viz., proprietor of M/s. Manikanta Traders. It is stated that the stock has been handed over pursuant to the panchanama dated 13.12.2011, therefore, the assumption of collusion is baseless. It is urged that the shifting of stock would cause huge expenditure and hence the same is not warranted. 5. I have considered the aforesaid contentions and also perused the panchanama dated 13.12.2011. 6. A perusal of the panchanama shows that huge quantity of food grains has been seized and handed over for safe custody to the proprietor of M/s. Manikanta Traders under proper acknowledgement. The panchanama also contains the details and quantity of food grains. Therefore, it is not difficult to ensure proper re-delivery from the aforesaid custodian. If really there is any apprehension, the respondents can as well ensure the safe custody by keeping a watch through their officers and also by sealing the godown where the stocks are stored. In fact, by doing so, the respondents will be avoiding unnecessary expenditure in shifting the said stock. 7. For the aforesaid reasons, the writ petition is allowed, setting aside the impugned order dated 16.12.2011. The respondents are at liberty to take any other precautions by deputing their officers/watch and ward staff and seal the godown where the seized stocks are stored. No order as to costs. 8. In view of disposal of the writ petition, W.P.M.P.No.42124 of 2011 is dismissed as unnecessary. ________________________ JUSTICE NOUSHAD ALI 23.12.2011. NOTE: Issue C.C. by tomorrow. (B/O) Msr THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33882 of 2011 23.12.2011 (Msr)