IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTY NINETH DAY OF NOVEMBER, TWO THOUSAND AND TEN WRIT PETITION No.26888 of 2010 Between: Maddula Satyanarayana. … Petitioner And: The District Collector (CS), West Godavari District at Eluru and others. … Respondents Counsel for the petitioner: Ms.V.Padmaja Reddy Counsel for the respondents: AGP for Civil Supplies. This Court made the following: ORDER:- The petitioner is a food grains dealer, holding a valid licence. His business premises were inspected on 22-4-2010 at about 3-30 PM by the Special Deputy Tahsildar (CS), Tadepalligudem, DCTO, Vigilance and Enforcement, Vijayawada and DCTO, Tadepalligudem. Their physical verification with stock registers revealed minor variations regarding five items viz., bengal gram dal, black gram dal, green gram dal, fried bengal gram dal, idly ravva and substantial variation with respect to red gram dal. The stocks were seized and proceedings under Section 6-A of the Essential Commodities Act, 1955 were initiated. By order, dated 29-5-2010, respondent No.1 has directed interim disposal of the seized stocks through public auction. Consequently, steps were initiated by respondent No.2 for sale of the same through public notice. These proceedings are assailed in this Writ Petition. As noted above, while variations in respect of five out of six items were marginal, only in the case of red gram dal there is shortage of 32 quintals on physical verification. In my opinion, having regard to these facts, sale of commodities in public auction causes serious hardship to the petitioner’s interest. Instead, in the interest of justice, it would be appropriate that the seized stocks are released to the petitioner subject to his furnishing bank guarantee for 1/4th of the value of the seized stock, i.e., 9,13,662/-, within a period of two weeks from the date of receipt of a copy of this order. On such furnishing of bank guarantee, the respondents shall release the seized stocks to the petitioner, which shall be subject to the result of the proceedings under Section 6-A of the Act, pending before respondent No.1. Subject to the above directions, the Writ Petition is disposed of. --------------------- ----------------- C.V.NAGARJUNA REDDY,J Date:29-11-2010 MNR