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 : 15711 of 2009 Between: M/s. Bhagyalakshmi Binny Modern Rice Mill, Kalvasreerampur Village and Mandal, Karimnagar District, Rep by its Managing Partner, Sandha Srinivas, S/o. Nagendram, Aged about 30 years, Occ : Business, R/o. Kalvasreerampur Village and Mandal, Karimnagar District. ..... PETITIONER AND 1 The Collector (Civil Supplies), Karimnagar, Karimnagar District. 2 The Assistant Supply Officer/ Incharge Assistant Grain Purchasing Officer, Karimnagar. 3 The Tahsildar, Kalvasreerampur Mandal, 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in seizing the stocks i.e. of 771.40 quintals to paddy (268.80 quintals of BPT Paddy, 478.80 quintals of Grade-A variety of paddy, 23.80 quintals of common grade variety of paddy), BPT rice 112 quintals, Grade-A variety Rice 31.50 quintals, broken rice 129.50 quintals from the rice mill of the petitioner on 11-7-2009 and also to declare the order dt. 30-7-2009 in proceedings No. G3/1141/2009 passed by the 1st respondent whereby directing the 3rd respondent to sell the aforesaid stocks as illegal, arbitrary, without any authority of law and consequently to direct the respondents to return the aforesaid stocks in favour of the petitioner Counsel for the Petitioner: MR.A.PRABHAKAR RAO 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.15711 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the 2nd respondent in seizing the stocks i.e., 771.40 quintals of paddy (268.80 quintals of BPT paddy, 478.80 quintals of grade-A variety of paddy, 23.80 quintals of common grade variety of paddy), BPT rice 112 quintals, Grade-A variety rice 31.50 quintals, broken rice 129.50 quintals from the rice mill of the petitioner on 11.07.2009 and also the order dated 30.07.2009 in proceedings No.G3/1141/2009 passed by the 1st respondent whereby directing the 3rd respondent to sell the aforesaid stocks, as illegal and arbitrary and consequently sought for a direction to the respondents to return the aforesaid stocks in favour of the petitioner. The petitioner obtained food grain dealers license bearing No.276/2008-09 and though it was carrying on business of rice milling strictly in accordance with the conditions of the license, the 2nd respondent herein visited the business premises of the petitioner on 11.07.2009 and seized the stocks on the ground that there are variations in the stocks when compared to the book balance with that of ground stock. The 1st respondent on receipt of the seizure report from the 2nd respondent initiated proceedings under Section 6-A of the Essential Commodities Act and directed the 3rd respondent to sell the seized stocks and deposit the sale proceeds to the credit of the 6-A case. Heard both sides. Since the proceedings under Section 6A of the Essential Commodities Act are pending, this Court is of the view that this writ petition can be disposed of without going into the merits of the case and the contentions raised by the learned Counsel for both sides. The writ petition is accordingly disposed of with a direction to the 1st respondent-District Collector to complete the proceedings pending before him under Section 6-A of the Essential Commodities Act 1955, within a period of eight weeks from today. Pending consideration of the said proceedings, the seized stock shall not be sold. No order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 03-08-2009 Note: Operative portion of the Order already sent. Gsn.