THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18694 of 2009 DATE:09.09.2009 Between: M/s. Sree Balaji Dall & General Merchants, Kojjillipet, Machilipatnam, Krishna District ... Petitioner and The District Collector, Krishna and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18694 of 2009 ORDER: This writ petition is filed by the petitioner concern seeking a Writ of Mandamus to declare the order of 1st respondent dated 31.08.2009 made in E.C.P.No.233 of 2009 directing it to furnish bank guarantee from any nationalised bank in his favour for release of the seized stocks, as illegal and arbitrary, and consequently, to direct the respondents to release the seized stocks. 2. The case of the petitioner, in brief, is that it is a proprietory concern and doing business in pulses under a valid licence No.82/DBR/2008 duly following the Rules, Regulations and Orders as specified by the Government of Andhra Pradesh. While so, on 30.07.2009 the Special Deputy Tahsildar, Avanigadda, Krishna District - 3rd respondent and the Inspector of Police, Vigilance and Enforcement Department, Krishna District - 4th respondent inspected its business premises and seized the stocks available alleging that there is variation in the stocks. Immediately after the seizure, it filed a claim petition before the District Collector, Krishna - 1st respondent on 03.08.2009 seeking release of the entire seized stocks. But, without considering the documentary proof filed by it, the 1st respondent passed an order dated 31.08.2009 in E.C.P.No.233/2009 directing it to furnish bank guarantee for Rs.27,46,680/- from any nationalised bank in his favour for release of the seized stocks. Aggrieved by the same, it filed the present writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleaders for Civil Supplies and Home. 4. The main contention of the learned counsel for the petitioner is that as per clause 18(2)(c) of the A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008, variation of stocks up to 5 quintals or upto 10% of the ground stocks by retailers and wholesalers, whichever is less at the time of inspection, is allowed. But, in this case, there is only 1-15 quintals of variation in the total stocks and the same is within the permissible variation. It is also his further contention that without considering the documentary proof filed by the petitioner, the 1st respondent passed an order dated 31.08.2009 in E.C.P.No.233/2009 directing the petitioner to furnish bank guarantee for Rs.27,46,680/- from any nationalised bank in his favour for release of the seized stocks. 5. On the other hand, the learned counsel for the Civil Supplies submitted that the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') have already been initiated. 6. Having considered the submissions made by both the learned counsel, this Court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to complete the 6-A proceedings. 7. Accordingly, this writ petition is disposed of directing the 1st respondent to complete the proceedings under Section 6-A of the Act within a period of six (6) weeks from the date of receipt of a copy of this order. In the meanwhile, the seized stocks shall not be sold. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 9th September, 2009 NOTE: Furnish CC by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18694 of 2009 (Disposed of) 9th September, 2009 NOTE: Furnish CC by three days. (b/o) CBS