IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 15614 of 2009 Between: D.Arun Kumar S/o. Vaikuntam R/o. H.No. 1-7-78/1, Ganji Road, Metpally Karimnagar District, Proprietor of Shivani Traders, Metpally, Karimnagar District. ..... PETITIONER AND 1 The Collector ( Civil Supplies ) Karimnagar District, Karimnagar. 2 The Asst. Supply Officer, Jagityal Division, Karimnagar District. 3 The Dy Tahsildar Metpally, Karimnagar District. 4 The Tahsildar, Metpally Mandal, Karimnagar District. .....RESPONDENTS 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 an appropriate writ, order or direction, particularly one in the nature of Mandamus, declaring the inaction of the 1st respondent herein in not releasing 41 bags ( each bag weighing 50 kg. ) of Til in all weighing 20.5 Qtls. seized by the 2nd respondent herein on 30.06.2009 belonging to the petitioner under a cover oF panchanama dt. 1.7.2009 as illegal, arbitrary, unreasonable, contrary to the provisions of Essential Commodities Act and A.P. Scheduled Commodities Dealers ( Licensing Storage and Regulation ) Order 2008 and the Control orders under the said Act and also violative of Article 14, 19 (1) (g), 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents herein to release petitioner's above said seized stock in his favour pending disposal of the 6A proceedings under Essential Commodities Act before the 1st respondent and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.RAJAMALLA REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15614 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the 1st respondent herein in not releasing 41 bags (each bag weighing 50 kg.) of Til in all weighing 20.5 quintals seized by the 2nd respondent herein on 30.06.2009 belonging to the petitioner under a cover of panchanama dated 01.07.2009, as illegal, arbitrary and contrary to the provisions of Essential Commodities Act and A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order 2008 and the Control Orders under the said Act and consequently sought for a direction to the respondents to release petitioner’s seized stock in his favour pending disposal of the 6A proceedings under Essential Commodities Act before the 1st respondent. The case of the petitioner is that he was carrying on business in scheduled commodities after obtaining necessary license, valid up to 31.03.2008 and thereafter as he was not doing business, he did not get it renewed. Subsequently, he filed an application on 17.06.2009 for obtaining a new license by paying an amount of Rs.600/- by way of challan dated 06.05.2009. During the pendency of the said application, the 2nd respondent visited the business premises of the petitioner on 30.06.2009, seized 41 bags of Til weighing 20.5 quintals on the ground that he does not possess valid license and reported the matter to the 1st respondent to initiate proceedings under Section 6A of the Essential Commodities Act. Since the proceedings under Section 6A of the Essential Commodities Act are pending, I deem it appropriate to dispose of the writ petition, without going into the merits of the case and the contentions raised by the learned Counsel for the petitioner, directing the 1st respondent to complete the said proceedings. The writ petition is accordingly disposed of with a direction to the 1st respondent to complete the proceedings pending before him under Section 6A of the Essential Commodities Act, within a period of eight weeks from today. Pending consideration of the said proceedings, the seized stock shall not be sold. No order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 03-08-2009 Note: CC in three days. (Bo) Gsn.