THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.20359 of 2009 Between: Busarapu Appa Rao Petitioner And The State of Andhra Pradesh Rep by its Commissioner, Civil Supplies, Hyderabad And others. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.20359 of 2009 ORDER: 1 The petitioner is running a non-trading rice mill in Saripalli village of Ganapavaram Mandal in the name and style Sri Srinivasa rice mill only after obtaining necessary permission from the concerned department. On 11.09.2009 the Vigilance officers conducted a raid on the said rice mill alleging that there are variations in the stock positions and seized the entire stock available in the premises and thereafter the matter was reported to the Joint Collector, who, in turn, initiated proceedings under section 6 A of the Essential Commodities Act. The same is challenged in this Writ Petition. 2 The main contention of the learned counsel for the petitioner is that the petitioner is a non-trading rice mill and according to the relevant Control order the petitioner entitled to store/possess stock of 1000 quintals and as the stock that was available at the business premises of the petitioner is only 150 quintals, the said seizure is bad. 3 It may not be necessary for this court to go into the said aspect as any view expressed may adversely affect the interest of the parties. However, as the petitioner has come forward to offer third party security and as it is not desirable to keep the stocks so seized idle for the reason that it may get spoiled, this court is of the view that the same may be ordered to be released in favour of the petitioner. 4 Accordingly, the stocks seized from out of the non-trading rice mill of the petitioner on 11.09.2009 are ordered to be released in favour of the petitioner on condition of the petitioner furnishing a third party security equivalent to Rs.One Lakh. As and when the said third party security is offered, the respondent authorities shall release the stocks in favour of the petitioner forthwith. Further, the Joint Collector is hereby directed to complete the enquiry initiated under Section 6 A of the Essential Commodities Act as early as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order. 5 The Writ Petition is accordingly disposed of. No order as to costs. ------------------- 22.09.2009 Issue C.C. tomorrow Kvsn