THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18477 of 2009 DATE:11.09.2009 Between: M/s. Sri Venkata Manikhanta Sai General Merchants, represented by its proprietor, Navvarupet, Takepalligudem, West Godavari District. ... Petitioner and The Joint Collector, West Godavari District, at Eluru and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18477 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action 2nd respondent in seizing the entire stocks in his shop under cover of a mediators' report dated 19.08.2009, as illegal and arbitrary, and consequently, to direct the respondents to release the seized stocks. 2. Briefly, the case of the petitioner is that he is carrying on business in foodgrains in the name and style of "M/s. Sri Venkata manikhanta Sai General Merchants" at Navvurupet, Tadepalligudem, West Godavari District under a valid licence. On 14.08.2009 the District Civil Supplies Officer, Eluru - 2nd respondent inspected business premises of M/s. Padala appireddy Aparala Stores, Tadepalligudem and having found variation in the stocks, seized the entire stock in the said shop under cover of a mediators' report dated 14.08.2009 and handed over its key to him. While so, on 19.08.2009 respondents 2 and 3 inspected his shop and seized the stocks available therein under cover of a mediators' report dated 19.08.2009 alleging that he has violated their orders by giving the key of business premises of M/s. Padala Appireddy Aparala Stores, Tadepalligudem, to its proprietor. Later they reported the matter to the Joint Collector, West Godavari District - 1st respondent, who in turn, initiated proceedings against him under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). Immediately after the seizure, he filed an applicatiion dated 22.08.2009 before the 1st respondent seeking release of the seized stocks, but the 1st respondent has not passed any order thereon so far. Aggrieved by the same, he filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has contended that only on the ground that the petitioner has given the key of the business premises of M/s. Padala Appireddy Aparala Stores, Tadepalligudem, to its proprietor, respondents 2 and 3 inspected his shop and seized the stocks available therein under cover of a mediators' report dated 19.08.2009, though actually there is no variation in the stocks. 5. Having considered the submissions made by the learned counsel on either side, this Court is of the view that the main reason for iniatiation of proceedings against the petitioner appears to be handing over the key of business premises of M/s. Padala Appireddy Aparala Stores, Tadepalligudem, to its proprietor. In so far as the variation of stocks in the shop of the petitioner is concerned, there are minor variations in the stocks of greengram dal, chenna and fried chenna dal. In the light of the same, this Court is of the view that this writ petition can be disposed of by ordering release of the entire stocks seized on 19.08.2009 on condition of the petitioner depositing title deeds of immovable property. 6. Accordingly, this writ petition is disposed of directing the 1st respondent to release the stocks seized on 19.08.2009 in favour of the petitioner on his depositing title deeds with regard to some immovable property. The 1st respondent is also directed to complete the proceedings under Section 6-A of the Act within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J 11th September, 2009 Note: Furnish CC by 14.09.2009. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18477 of 2009 (Disposed of) 11th September, 2009 Note: Furnish CC by 14.09.2009. (b/o) CBS