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 : 15708 of 2009 Between: M/s.Hanuman Sai Traders,C/o.Renuka Industries rep.by its Proprietor Sri Konda Laxman, S/o.Lachanna, R/o.Timmapur village, jagityal Mandal Karimnagar District ..... PETITIONER AND 1 State of Andhra Pradesh, rep.by Commissioner of Civil Supplies cum Ex Officio Secretary, Food Consumer Affairs,Civil supplies Bhavan Somajiguda, Hyderabad 2 The District collector (Civil Supplies Wing) Karimnagar, Karimnagar district 3 The Assistant Supply officer, Sircilla, Karimnagar district 4 The Tahsildar, Jagityal, 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 one more particularly in the nature of writ of mandamus a. declaring the action of respondent No.3 in effecting seizure of an extent of 7919.10 quintals of Paddy , 634 quintals of rice and 11.50 quintals of broken rice in all worth Rs.82,96,464 (Rupees Eighty Two Lakhs Ninety Six thousand ,Four Hundred Sixty Four Only), under the cover of Panchanama as bad illegal, arbitrary, without jurisdiction b. and declare the orders in G3/1060/2009 dated 29.7.2009 of the Respondent No.2 as one being illegal, arbitrary, and violate of principles of natural justice and contrary to the provisions contained in section 6A(2) of Essential Commodities Act 1955 and contrary to AP Scheduled Commodities Dealers (Licensing , Storage and Regulation0 Order 2008 and AP State Public Distribution System(Control) Order 2008 and set aside the same and consequentially direct the respondents to release the seized stocks of the petitioner. Counsel for the Petitioner: MR.W.B.SRINIVAS 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.15708 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the 3rd respondent in effecting seizure of an extent of 7919.10 quintals of paddy, 634 quintals of rice and 11.50 quintals of broken rice, all worth Rs.82,96,464/- under cover of panchanama and also the orders in G3/1060/2009 dated 29.07.2009 of the 2nd respondent, as being illegal and arbitrary and consequently sought for a direction to the respondents to release the seized stocks of the petitioner. Since the proceedings under Section 6-A of the Essential Commodities Act, 1955 have been initiated and the petitioner already represented the matter before the 2nd respondent-District Collector as to how the said seizure was illegal and also gave a representation on 09.07.2009 requesting him to release the seized stocks and the same is pending consideration, this Court is of the view that it may not be necessary to go into the various facts which are narrated in the affidavit filed in support of the writ petition and also the submissions made by the learned Counsel for the petitioner. Under the circumstances, it is suffice to direct the 2nd respondent-District Collector to consider the representation dated 09.07.2009 made by the petitioner and pass a reasoned order within a period of four weeks from today. While considering the said representation, the 2nd respondent may fix a date so that the petitioner can appear before him and ventilate its grievances as to how the seizure in question was illegal. Pending consideration of the said representation, the seized stock shall not be sold. The writ petition is accordingly disposed of at the stage of admission. No costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 03-08-2009 Note: Operative portion of the Order already sent. Gsn.