THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25412 of 2010 Dated 08th October, 2010 Between: Naga Veerabadrarao …Petitioner And The District Collector (CS), Eluru and others. …Respondents Counsel for the petitioner: Smt. V. Padmaja Reddy Counsel for respondents: Assistant Government Pleader for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a Mandamus to set aside the proceedings in Roc.No.CA.1/134/ECA/2010 dated .09.2010, whereby respondent No.1 directed interim disposal of the seized stock comprising rice, sugar, red gram dal, green gram dal and edible oils worth Rs.6,38,454/-. A perusal of the record shows that on the basis of an inspection conducted by the Assistant Grain Purchasing Officer, Bhimavaram, of the petitioner’s business premises, the abovementioned stock was seized and proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) were initiated by respondent No.1. Pending disposal of the said proceedings, respondent No.1 passed the impugned order. Smt. V. Padmaja Reddy, the learned counsel for the petitioner, submitted that her client has not committed any irregularity and that on the mere ground of variation in stock, respondent No.1 ought not to have taken the extreme step of directing interim disposal of the seized stock pending proceedings under Section 6-A of the Act. Having heard the learned Assistant Government Pleader for Civil Supplies and perused the record, I am of the opinion that having regard to the nature of the allegations on which the stock has been seized, namely, unauthorised possession of commodities, it would be expedient to direct that the seized stocks shall be released to the petitioner subject to its furnishing bank guarantee for the value of the stock pending proceedings under Section 6-A of the Act. Lest, the petitioner’s interest will be seriously affected. In this view of the matter, the Writ Petition is disposed of with the direction to respondent No.1 to release the seized stock to the petitioner on its furnishing bank guarantee for Rs.6,38,454/- (Rupees six lakh thirty eight thousand four hundred and fifty-four only) within a period of two weeks from today. The release of stock shall be subject to the result of pending proceedings under Section 6-A of the Act. As a sequel to disposal of the writ petition, W.P.M.P.No.32456 of 2010 filed by the petitioner for interim relief is disposed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 08th October, 2010 Note: Issue CC today. (B/o) GHN