THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.16760 OF 2009 Dt.13.8.2009 Between: Makbul Modern Rice Mill … Petitioner And The State of Andhra Pradesh, Rep. by its District Collector, Kurnool Kurnool District and others … Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.16760 OF 2009 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of third respondent in seizing the petitioner’s rice mill and the stock, other than the rice meant for public distribution system, as illegal and arbitrary. During the course of surprise visit made by the Vigilance Enforcement Officials of Civil Supplies Department on 7.8.2009, certain stocks of rice meant for public distribution system and other rice were found in the business premises of the petitioner’s rice mill. As the same is contrary to the provisions of A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order 2008, the entire stock worth Rs.9,47,300/- and also the mill was seized and the matter was reported to the Joint Collector, who in turn initiated the proceedings under Section 6A of the Essential Commodities Act, 1955 (for short, the Act). The petitioner has approached this Court and filed the present Writ Petition stating that the said seizure of the rice and the rice mill is illegal. Heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. As it is clearly mentioned in the panchnama that the rice seized is meant for public distribution system, this Court is of the view that the rice shall not be ordered to be released during the pendency of the proceedings under Section 6A of the Act. However, so far as the rice mill belonging to the petitioner, MT 1010 paddy and Jawar are concerned, this Court is of the view that the same can be ordered to be released in favour of the petitioner provided he furnishes third party security which is equivalent to an amount of Rs.5,00,000/- (Rupees five lakhs only) to the satisfaction of the Joint Collector, Kurnool District. So far as the proceedings initiated under Section 6A of the Act are concerned, the Joint Collector, Kurnool, is directed to dispose of the said proceedings as early as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. With the above directions, the Writ Petition is accordingly disposed of. No costs. ______________________________ JUSTICE GOPALA KRISHNA TAMADA 13.8.2009 bnr Note: Operative portion of the order may be communicated by WIRE at party’s cost. (B.O) bnr