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 : 15706 of 2009 Between: D.Vijayalakshmi Trading Company, Shop No.296, M.G.W.C.Complex, Gollapudi, Vijayawada Rural, Krishna District, Rep by its Managing Partner G.Sambasiva Rao, S/o. Gudivada Komaiah, aged 64 ..... PETITIONER AND 1 The State of Andhra Prdesh, Rep by its District Collector, Vijayawada, Krishna District. 2 The Assistant Supply Officer Circle-I, Vijayawada, Krishna 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 a Writ of Mandamus declaring the action of the 2nd respondent in seizing the food grains (Red Gram Dal, Gram Dal, Black Gram, Bengal Gram Dal and Block Gram Dal), stock registers, bills etc. of the petitioners Company through panchanama, dated 28-07- 2009 as being arbitrary, illegal and unjust, and further direct the respondents to release the stocks of the petitioner seized under panchanama, dated 28-07-2009 forthwith. Counsel for the Petitioner: MR.MAHADEVA KANTHRIGALA 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.15706 of 2009 ORDER: This writ petition is filed for a declaration that the action of the 2nd respondent in seizing the food grains (Red Gram Dal, Gram Dal, Black Gram, Bengal Gram Dal and Black Gram Dal), stock registers, bills etc., of the petitioner’s company through panchanama dated 28.07.2009, as being illegal and arbitrary and consequently sought for a direction to the respondents to release the seized stocks of the petitioner. Since the proceedings under Section 6-A of the Essential Commodities Act, 1955 have been initiated and the petitioner already represented the matter before the 1st respondent-District Collector as to how the said seizure was illegal and also gave a representation on 29.07.2009 requesting him to release the seized stocks and the same is pending consideration, this Court is of the view that it may not be necessary to go into the various facts which are narrated in the affidavit filed in support of the writ petition and also the submissions made by the learned Counsel for the petitioner. Under the circumstances, it is suffice to direct the 1st respondent-District Collector to consider the representation dated 29.07.2009 made by the petitioner and pass a reasoned order within a period of four weeks from today. While considering the said representation, the 1st respondent may fix a date so that the petitioner can appear before him and ventilate its grievances as to how the seizure in question was illegal. Pending consideration of the said representation, the seized stock shall not be sold. The writ petition is accordingly disposed of at the stage of admission. No costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 03-08-2009 Note: Operative portion of the Order already sent. Gsn.