THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16599 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in seizing rice, sugar, redgram dal, and edible oil, in his kirana shop, situated at door No.2-34, Suraram colony road, Quthbullapur Mandal, Ranga Reddy district, as illegal and arbitrary, and consequently, to direct the respondents to release the said seized stocks. 2. The case of the petitioner is that he is doing kirana and general store business at door No.2-34, Suraram colony road, Quthbullapur Mandal, Ranga Reddy. On 01.08.2009, the Assistant Supply Officer, Ranga Reddy District - 2nd respondent has inspected his shop, seized 50 quintals of rice, 5 quintals of sugar, 2 quintals of redgram dal and 1875 litres of edible oil, on the ground that he is doing the said business without having valid licence, and later reported the matter to the Joint Collector (C.S.)-II, R.R. District - 1st respondent, who in turn, initiated proceedings against him, under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). Questioning the same, he submitted an objection petition before the 1st respondent, on 04.08.2009, seeking release of the seized stocks, but the 1st respondent has not passed any order on his objection petition so far. Aggrieved by the same, he filed this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that the petitioner is doing the kirana and general store business, under a valid A.P.G.S.T. licence, that recently the petitioner has applied for licence for food-grains through his sales tax consultant and it is under process, that the 2nd respondent, without giving an opportunity to the petitioner to produce the relevant records, registers and licences, seized the aforesaid stocks, that though the petitioner filed an objection petition before the 1st respondent seeking release of the seized stocks, apprehending that the seized stock may be sold in public auction, the 1st respondent has not passed any order on the objection petition so far, and that the petitioner is ready and willing to furnish bank guarantee for release of the seized stocks. 5. Having considered the submissions made by both the learned counsel and having regard to the fact that the proceedings under Section 6-A of the Act have already been initiated by the 1st respondent, this court is of the view that except 50 quintals of seized rice, all the remaining seized stocks can be ordered to be released in favour of the petitioner. 6. Accordingly, this writ petition is disposed of, at the stage of admission, directing the 1st respondent to release the seized stocks i.e. 5 quintals of sugar, 2 quintals of redgram dal and 1875 litres of edible oil, on condition of the petitioner furnishing bank guarantee, in a sum of Rs.1,09,700/- (One lakh nine thousand seven hundred only). So far as the seized stock of 50 quintals of rice is concerned, the same shall not be sold, pending consideration of the proceedings under Section 6-A of the Act. The 1st respondent is also directed to complete the 6-A proceedings, within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 12th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16599 of 2009 (Disposed of) 12th August, 2009 CBS