IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 21577 of 2009 Between: 1 P. Krishnamma W/o. P. Venkata Reddy R/o. Reddypalem Village, Buchireddipalem Mandal, SPSR Nellore District. 2 P. Kalay Masthan S/o. P. Pedda Masthanaiah R/o. Reddypalem Village, Buchireddipalem Mandal, SPSR Nellore District. 3 V. Bala Raghava Reddy S/o. V. Raghava Reddy R/o. Reddypalem Village, Buchireddipalem Mandal, SPSR Nellore District. 4 V. Prasad S/o. V. Venugopal Chetty R/o.Kurnool Town Kurnool District. ..... PETITIONER(S) AND 1 The Joint Collector Mahaboobnagar District, Mahaboobnagar 2 The Deputy Tahasildar, Civil Supplies Vigilance Cell Gadwal, Mahaboobnagar District, .....RESPONDENT(S) 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in seizing the lorry bearing No. AP 21U 3689 along with 200 bags of Nellore Jilakara Paddy under a panchanama dt. 26-9-2009 and the further action of the respondents in not releasing the same as illegal, arbitrary unjust and without jurisdiction and consequently direct the respondents to forthwith release the lorry along with the seized stock and pass Counsel for the Petitioner:MR.P.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI} THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 21577 of 2009 ORDER: 1 The petitioners who claim to be agriculturists raised paddy and when the same is being transported in vehicle bearing No.AP 21 U 3689 on 26.09.2009, the second respondent intercepted the vehicle and seized the vehicle and also the paddy on the ground that the said transport is not supported by valid documents and the petitioner also could not produce any licences to have the possession of the same. Thereafter, the matter was reported to the Joint Collector i.e. first respondent herein, who, in turn, initiated proceedings under Section 6 A of the Essentially Commodities Act. As the produce is getting spoiled, the petitioners approached this court and filed the present Writ Petition requesting to release the said stock. 2 Heard both sides. 3 Now that proceedings under Section 6 A of the Essentially Commodities Act have already been initiated, this Writ Petition is disposed of at the stage of admission with a direction to the Joint Collector to complete the said proceedings initiated under section 6 A of the Essentially Commodities Act as early as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order. In so far as the vehicle and the stocks so seized are concerned, the same are ordered to be released in favour of the petitioners on condition of the petitioners depositing the title deeds with the Joint Collector during the pendency of the said proceedings. It is further made clear that the petitioners shall produce the vehicle bearing No.AP 21 U 3689 before the Joint Collector as and when required. No order as to costs. ----------------------------- 08.10.2009 Issue C.C. tomorrow B/o Kvsn