IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16143 of 2009 Between: 1 G. Srinivas Rao, S/o. Krishna Murthy, R/o. Dirsinacherla Village, Neredcherla Mandal, Nalgonda District. 2 P. Vishwanatham, S/o. Bangaraiah, R/o. Guduguntlapalem Village, Neredcherla Mandal, Nalgonda District. 3 S. Saidi Reddy, S/o. Saidi Reddy, R/o. Dirsinacherla Village, Neredcherla Mandal, Nalgonda District. ..... PETITIONER(S) AND 1 The District Collector, Nalgonda District, Nalgonda. 2 The District Manager, AP State Civil Supplies Corp. Ltd. Nalgonda. 3 The Joint Director, AP State Civil Supplies Corp. Ltd. Nalgonda. 4 The Tahsildar, Huzurnagar Mandal, Nalgonda District. 5 The Manager, AP State Warehousing Corporation, Miryaguda, Nalgonda District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing stocks of paddy of BPT Variety beloning to petitioners which is subject matter of proceedings No. CS1/1483/09 dt, 22-7-2009 on the file of the District Collector, Nalgonda (1st Respondent) as being arbitrary, illegal and violative of principles of natural justice, article 14 & 21 of the constitution of India, consequently set-asde i) the order passed by the 1st respondent dt. 22-7-2009 in proceedings No. CS1/1483/08 ii) the notice under Section 6-B of Essential Commodities Act, issued by 1st Respondent dt. 27-7-2009 in proceedings No. CSI/1483/09 Counsel for the Petitioner:MR.HARENDER PRASAD Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16149 of 2009 Between: 1 G. Anjan Reddy, S/o. Venkatappa Reddy, R/o. Naredcherla Village, Garidepally Mandal, Nalonda District. 2 P. Prameela, W/o. Venkat Reddy, R/o. Naredcherla Village, Garidepally Mandal, Nalonda District. 3 D. Krishna Reddy, S/o. Linga Reddy, R/o. Garidepally Village, Garidepally Mandal, Nalonda District. ..... PETITIONER(S) AND 1 The District Collector, Nalgonda District, Nalgonda. 2 The District Manager, AP State Civil Supplies Corp. Ltd. Nalgonda. 3 The Joint Director, AP State Civil Supplies Corp. Ltd. Nalgonda. 4 The Tahsildar, Huzurnagar Mandal, Nalgonda District. 5 The Manager, AP State Warehousing Corporation, Miryaguda, Nalgonda District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing stocks of paddy of BPT Variety beloning to petitioners which is subject matter of proceedings No. CS1/1483/09 dt, 22-7-2009 on the file of the District Collector, Nalgonda (1st Respondent) as being arbitrary, illegal and violative of principles of natural justice, article 14 & 21 of the constitution of India, consequently set-asde i) the order passed by the 1st respondent dt. 22-7-2009 in proceedings No. CS1/1483/08 ii) the notice under Section 6-B of Essential Commodities Act, issued by 1st Respondent dt. 27-7-2009 in proceedings No. CSI/1483/09 Counsel for the Petitioner:MR.HARENDER PRASAD Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16150 of 2009 Between: 1 P. Damodar Reddy S/o. Appi Reddy R/o. Naredcherla Village, Neredcherla Mandal, Nalgonda District. 2 A. Rama Narsimha Reddy S/o. Badhra Reddy R/o. Naredcherla Village, Neredcherla Mandal, Nalgonda District. 3 K. Prameela D/o. Venkat Ram Reddy R/o. Janaladinne Village, Neredcherla Mandal, Nalgonda District. 4 Y. Soubhagyamma W/o. Ram Reddy R/o. Neredcherla Village, Neredcherla Mandal, Nalgonda District. 5 C. Rangaiah S/o. Buchaiah R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 6 K. Saritha W/o. Venkat Reddy R/o. Shettipalem Village, Vemanpally Mandal, Nalgonda District. ..... PETITIONER(S) AND 1 The District Collector Nalgonda District Nalgonda. 2 The District Manager A.P. State Civil Supplies Corp. Ltd. Nalgonda. 3 The Joint Director A.P. State Civil Supplies Corp. Ltd. Nalgonda. 4 The Tahsildar Huzurnagar Mandal, Nalgonda District. 5 The Manager A.P. State Warehousing Corporation Miryalaguda, Nalgonda District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction more paticularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing stocks of paddy of BPT Variety belonging to Petitioenrs which is subject matter of proceedings No.CS1/1483/09 dt. 22-07-2009 on the file of the District Collector, Nalgonda (1st Respondent) as being arbitrary, illeg;al and violative of principles of natural justice, Article 14 & 21 of the Constitution of India, consequently set-aside i) the Order passed by the 1st Respondent dt. 22-07-2009 in proceedings No. CS1/1483/09 ii) the notice under Section 6-B of Essential Commodities Act, issued by 1st Respondent dt. 27-07-2009 in proceedings No. CS1/1483/09. Counsel for the Petitioner:MR.HARENDER PRASAD Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : COMMON ORDER : Since the cause of action in all these writ petitions is one and the same, they are heard together and being disposed of by this common order. 2. The petitioners in all the writ petitions filed these writ petitions under Article 226 of the Constitution of India seeking writ of Mandamus declaring the action of the respondents in seizing their respective stocks, which are the subject matter of proceedings No.CS1/1483/09, dated 22.07.2009 on the file of the 1st respondent as illegal and arbitrary and consequently set aside the said proceedings and the notice dated 27.07.2009 issued under Section 6-B of Essential Commodities Act by the 1st respondent. 3. According to the petitioners, they are the agriculturists and they are eking out their livelihood by growing paddy in the lands belonging to them. Since the petitioners did not have sufficient space to preserve the paddy, which was produced during the Kharif year 2008-09, they kept the same with the 5th respondent Corporation i.e., the Godowns of Andhra Pradesh State Warehousing Corporation. However, the respondent authorities seized the said stocks from the godowns on 03.07.2009 stating that the petitioners are in possession of huge quantities of rice without having any valid licence. After seizure of the said paddy and on the basis of report furnished by the Tahsildar, the District Collector, Nalgonda, 1st respondent herein, initiated the proceedings under Section 6-A of Essential Commodities Act. As the District Collector ordered sale of the said seized paddy, the petitioners approached this Court and filed the present writ petition. 4. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the Civil Supplies. 5. Having regard to the fact that the proceedings under Section 6-A of Essential Commodities Act have already been initiated and the petitioners have also filed claim petitions narrating the circumstances as to how they came into possession of the said paddy, this Court is of the view that this writ petition can be disposed of at the stage of admission with the following directions. 6. In the result, all these Writ Petitions are disposed of, directing Respondent No.1 to complete the proceedings initiated against the petitioners under Section 6-A of Essential Commodities Act within a period of eight (8) weeks from the date of receipt of a copy of this order. As this Court is directing the District Collector to complete the proceedings, the stocks, which are ordered to be sold, shall not be sold pending the said proceedings. With the above directions, these three Writ Petitions are disposed of at the stage of admission. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J August 6, 2009 KSH