THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19134 of 2009 DATE:10.09.2009 Between: M/s. Dhanalakshmi Rice & General Merchants, represented by its Propietor, Bhimavaram, West Godavari District. ... Petitioner and The Joint Collector, West Godavari District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19134 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in seizing the stocks available in his shop under the cover of mediators' report dated 25.08.2009, as illegal and arbitrary, and consequently, to direct the respondents to release the seized stocks. 2. The case of the petitioner, in brief, is that he is carrying on business in rice and pulses in the name and style of "M/s. Dhanalakshmi Rice and General Merchants" at Mentevarithota, Bhimavaram, West Godavari District, under a valid licence. While so, on 25.08.2009 the District Civil Supplies Officer, Eluru - 2nd respondent inspected his shop and seized the stocks worth more than Rs.15 lakh on the ground that there is variation in the stocks, under the cover of a mediators' report. Later, he registered a case against him under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). Immediately after the seizure, the petitioner filed a petition before the District Collector, West Godavari at Eluru seeking release of the seized stocks on his furnishing security, but so far no order has been passed on his application. Aggrieved by the same, he filed the present writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies. 4. The stocks seized on 25.08.2009 are rice, bengal gram, fry bengal gram, sugar and green gram. As of now, it is not known whether the seized rice is meant to be distributed under the Public Distribution System or not, and the matter can only be gone into by the Joint Collector, West Godavari District -1st respondent during the course of his enquiry under Section 6-A of the Act. So far as the other seized stocks are concerned, in my considered view, they can be ordered to be released in favour of the petitioner on his furnishing bank guarantee. 5. Accordingly, this writ petition is disposed of directing the 1st respondent to release the entire stocks seized on 25.08.2009 excepting rice in favour of the petitioner on his furnishing bank guarantee, as fixed by him. The 1st respondent is further directed to complete the 6-A proceedings within a period of eight (8) weeks from the date of receipt of a copy of this order. Till such time, the seized rice shall not be sold. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 10th September, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19134 of 2009 (Disposed of) 10th September, 2009 CBS