IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF NOVEMBER, TWO THOUSAND AND TWELVE :PRESENT: THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WPMP.NO:31969 of 2011 IN WP.NO:25269 of 2011 Between: M/s. K.P.R. Fertilizers Ltd., Rep by its Executive Director, K. Rajasekhar Reddy, S/o. N. Gangi Reddy, Nallimilli Road, Bikkavilu Village & Mandal, East Godavari District ...Petitioner (Petitioner in WP 25269 of 2011 on the file of High Court) AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Department of Agriculture and Cooperation, Secretariat Buildings, Hyderabad, 2 The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Hyderabad. 3 The District Collector & Magistrate, East Godavari District, Kakinada 4 The Joint Director of Agriculture, Kakinada, East Godavari District. 5 The Agriculture Officer, Bikkavolu Mandal, East Godavari District. ...Respondent(s) (Respondents in-do-) Petition under Section 151 of C.P.C. praying that in the circumstances stated in the affidavit filed in the W.P. the High Court may be pleased to direct the respondents to release the Fertilizer stocks seized through the Panchanama, dated 02-09-2011 conducted by the respondent No.5, pending disposal of WP No. 25269 of 2011 on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and orders of the High Court dated 08- 09-2011, 15-9-2011, 21-09-2011 & 10-10-2011 made in WP.No.25269 of 2011 and upon hearing the arguments of Sri V.R. Reddy Kovvuri, Advocate for the Petitioner and of the G.P. for Agriculture, for the Respondents, the Court made the following. ORDER This is an application to direct release of the fertilizer stock seized through panchanama dated 2-9-2011. This Court, by an interim order directed not to sell the seized stock. In the affidavit filed in support of this application, the petitioner has averred that with the passage of time, the nutritious contents of the seized fertilizers will be lost and that they will be rendered useless. Inasmuch as a serious doubt is raised in the Writ Petition as to the competence of respondent No.3 to initiate proceedings under Section 6-A of the Essential Commodities Act, 1955, and substantial time has elapsed from the time of seizure of the fertilizers, I find the elements of balance of convenience and irreparable injury in favour of the petitioner. Accordingly, respondent No.3 is directed to release the fertilizers seized under panchanama dated 2-9-2011, to the petitioner, subject to the latter furnishing Bank guarantee for their value. The release of the seized fertilizers shall however be subject to the result of the Writ Petition. The application is accordingly disposed of. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1.The Principal Secretary, Department of Agriculture and Cooperation, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Hyderabad. 3.The District Collector & Magistrate, East Godavari District, Kakinada 4.The Joint Director of Agriculture, Kakinada, East Godavari District, 5.The Agriculture Officer, Bikkavolu Mandal, East Godavari District, 7.One CC to Sri V. R. Reddy Kovvuri, Advocate (OPUC) 8.One Spare copy BRT HIGH COURT CVNRJ DATED: 7-11-2012 ORDER: WPMP.NO:31969 of 2011 IN WP.NO:25269 of 2011 DISPOSED OF HIGH COURT BRT DRAFTED ON : 28-11-2012 CVNRJ DATED: 7-11-2012 ORDER: WPMP.NO:31969 of 2011 IN WP.NO:25269 of 2011 DISPOSED OF