THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16147 of 2009 ORDER : The Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the 2nd respondent in seizing lorry bearing No.AP 16 TT 3276 together with 150 quintals of broken rice on 18.07.2009 and also the seizure of 81.90 quintals of paddy, 9 quintal of rice, 28 quintals of broken rice from M/s.Shivaramakrishna Modern Rice Mill and Oil Mill, Veenavanka Village and Mandal, Karimnagar District, where the 1st petitioner is authorized to carry on business as illegal and arbitrary. The brief facts are that the 1st petitioner is carrying on business in Food Grains under a valid Food Grain licence bearing No.468/2008-09 and he engaged a lorry bearing No.AP 16 TT 3276 belongs to the 2nd petitioner for transportation of certain commodities from Veenavanka village, Karimnagar District to Nagpur, Maharashtra. At a time when the stock was loaded, the officials of the 2nd respondent surprised the lorry and seized the said commodities i.e., 150 quintals of broken rice and also the lorry alleging that the same is contrary to the provisions of the Andhra Pradesh Scheduled Commodities Dealers Licencing Storage and Regulation Order, 2008. On the basis of a report furnished by the Assistant Grain Purchasing Officer, the District Collector, who is added as 1st respondent herein, initiated proceedings under Section 6-A of Essential Commodities Act. Now, the petitioners i.e., the dealer and the owner of the vehicle approached this Court and filed the present writ petition. Heard the learned counsel for the Petitioner and the learned Assistant Government Pleader for Civil Supplies. As the 1st respondent has already initiated proceedings under Section 6-A of Essential Commodities Act, this Court is of the view that the stocks, which belong to the 1st petitioner i.e., 81.90 quintals of paddy, 9 quintals of rice, 28 quintals of broken rice, cannot be ordered to be released at this juncture. Accordingly, the said relief is rejected, but, however, the respondents are hereby directed that the seized commodities shall not be sold during the pendency of the proceedings under Section 6-A of Essential Commodities Act. Coming to the question of release of the vehicle is concerned, apparently, the 2nd petitioner is eking out his livelihood with the income derived from out of the said vehicle. No doubt, it is true, that the said broken rice was found in the lorry. But it is not known as to whether the 2nd respondent is also having the said deceitful intention along with the 1st petitioner or not. However, that is the matter to be gone into by the District Collector during the course of hearing. As the said lorry is the only means of livelihood to the 2nd petitioner, this Court is of the view that the same can be ordered to be released and accordingly, the said vehicle bearing No.AP 16 TT 3276 is hereby ordered to be released on a condition of the petitioners furnishing third party security in a sum of Rs.1,50,000/- (Rupees One lakh Fifty thousand only) to the satisfaction of the District Collector, within a period of four weeks from the date of receipt of a copy of this order. Further, the petitioners are directed not to alienate the said vehicle and the vehicle shall be produced as and when required by the authorities during the pendency of the proceedings under Section 6-A of Essential Commodities Act. With the above directions, the Writ Petition is disposed of at the stage of admission. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J August 6, 2009 Note: Issue C.C. By tomorrow. (B/O) KSH