IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 13610 of 2009 Between: 1 Kunkumalla Madhavi W/o.Ramesh Proprietor of Gouri Shanker Rice and Oil's gunnies, Kirana and General Merchants, Dharmaram Village and Mandal, Karimnagar District. 2 D.Shanker S/o.Gangaram Owner of the vehicle Tata Van bearing No. AP 15 X 4417, R/o.Korutla Village and Mandal, Karimnagar District. . PETITIONERS AND 1 The Collector (CS) Karimnagar District, Karimnagar. 2 The Joint Collector (CS), Karimnagar District, Karimnagar. 3 The Assistant Supply Officer/ In charge Assistant Grains purchase Officer (AGPO), Karimnagar. 4 The Tahsildar, Dharmaram Mandal, Dharmaram, Karimnagar District. ..RESPONDENTS Counsel for the Petitioner:MR.K.VENU MADHAV Counsel for the Respondents: AGP FOR CIVIL SUPPLIES The Court made the following : O R D E R: In this writ petition, the petitioners questioned seizure of rice and edible oils belonging to petitioner No.1 and a vehicle of Tata make bearing registration No. AP15 X 4417 belonging to petitioner No.2 Heard Sri K.Venu Madhav, learned counsel for the petitioners, and learned Assistant Government Pleader for Civil Supplies. On inspection of the premises of petitioner No.1, who is a trader in food grains and edible oils, by the Assistant Supply Officer, Sircilla, it was found that there was excess stock of 3.25 quintals of rice and 0.05 quintals of palmolein oil and deficit stock of 20.99 quintals of groundnut oil, 11.25 quintals of sunflower oil and 2.67 quintals of cottonseed oil. Therefore, the stocks were seized under panchanama dated 25-06-2009 and the vehicle referred to above which was found in front of the business premises of petitioner No.1 was also seized. Proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”) were initiated. The petitioners made an application before respondent No.1 for release of the seized stock and the vehicle. The grievance of the petitioners is that, while the very seizure of the stock and the vehicle was illegal, respondent No.1 has not passed orders for their release. Inasmuch as the proceedings under Section 6-A of the Act are pending, it is not desirable to give findings on the various pleas raised by the petitioners, on merits, at this stage. It will suffice to notice that petitioner No.1 is having a valid food grains dealer’s licence and according to her, even if variations were found, the entire stocks are within the permissible limits of storage and that therefore, she has not indulged in any illegality affecting public interest. Having regard to the facts of the case, I deem it appropriate to dispose of the writ petition in the following terms- (1) Respondent Nos.1 and 2 shall release the vehicle to petitioner No.2 subject to his furnishing third party security for Rs.75,000/- (Rupees seventy five thousand only), as valued in the panchanama, within a period of three (3) days from the date of petitioner No.2 furnishing such security to the satisfaction of respondent Nos. 1 and 2. The release of the vehicle shall be subject to the final orders to be passed under Section 6-A of the Act; (2) respondent Nos.1 and 2 shall not sell the seized stock belonging to petitioner No.1, pending disposal of the proceedings under Section 6-A of the Act and (3) the proceedings under Section 6-A of the Act shall be disposed of within a period of six (6) weeks from the date of receipt of a copy of this order. As a sequel to disposal of main petition, WPMP Nos. 17732 and 17733 of 2009 filed by the petitioners for interim relief are disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 9th July, 2009 Note: Issue C.C in three days vrn