IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17375 of 2009 Between: 1 Tummeti Raji Reddy S/o.Yella Reddy R/o.Ambalpur Village, Shankarapatnam Mandal, Karimnagar District. 2 Ponnam Sampath S/o.Rajeeru R/o.Ambalpur Village, Shankarapatnam Mandal, Karimnagar District. 3 Munja Ravi S/o.Bhumaiah R/o.Ambalpur Village, Shankarapatnam Mandal, Karimnagar District. 4 Yella Kishan Reddy S/o.Ram Reddy R/o.Tummanapally Village, Huzurabad Mandal, Karimnagar District. 5 Yella Yathishwer Reddy S/o.Ram Reddy R/o.Tummanapally Village, Huzurabad Mandal, Karimnagar District. ..... PETITIONER(S) AND 1 The Collector (CS), Karimnagar District, Karimnagar. 2 The Joint Collector (CS), Karimnagar District, Karimnagar. 3 The Assistant Supply Officer cum Assistant Grains purchasing Officer, Karimnagar. 4 The Tahsildar, Shankarapatnam Mandal, Shankarapatnam, Karimnagar District. .....RESPONDENT(S) 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 an order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondent No.3 in seizing the stock of the petitioners i.e., Paddy 1010 variety Warangal culture total 456 Bags x 70 Kgs 330 Bags x 70Kgs bags quintals 319.20 quintals 231 quintals 786 x 550-00Rs.5,50,956/- Rs.2,96,856/- + Rs.2,54,100/- (in words five lakhs fifty thousand and fifty six) through panchanama dated 30.6.2009 even though the petitioners are agriculturists and even though they have not violated any of the clauses of the control and the said control order is not applicable to their case and not passing the orders by the respondents No.1 and 2 considering the petition filed by the petitioners dated 3.8.2009 for releasing of the said stock and proposed to sell the same pending 6-A proceedings under the Essential Commodities Act as arbitrary, illegal, null and void and violative of principles of natural justice. Consequently direct the respondents to release the said seized stock in favour of the petitioners as shown below in favour of the petitioner No. 1) 286 Bags 1010., petitioner no.2). 100 Bags 1010. variety, petitioner no.3). 70 Bags 1010, 4). 120 Bags Warangal culture variety, and petitioner no.5). 210 Bags Warangal culture. Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17375 of 2009 ORDER: The third respondent inspected the rice mill belonging to one Krishna Murthy and seized paddy worth about Rs.6 lakhs on the ground that the petitioners had stored the said paddy without having any valid licence and on the basis of the report furnished by the third respondent proceedings under Section 6 A of the Essential Commodities Act have been initiated against them. The petitioners herein who are farmers, claiming the said property, approached the Collector and filed an application stating that they are the owners of the said paddy and as they do not have safe place to store the said paddy, they stored the same in the rice mill belonging to said Krishna Muthy, which is defunct. But, however, the Collector had not passed any orders and hence they approached this court and filed the present Writ Petition. Mr. Venumadhav, learned counsel for the petitioners tried to impress upon the court by producing the certificates issued by the Village Revenue Officer establishing the fact that they petitioners are the growers and they have grown the said paddy. May be it is true, but it is not for this court to go into the aspect whether the said certificates issued by the Village Revenue Officer are true or not. It is ultimately the authority who is holding an enquiry into the said proceedings initiated under section 6 A of the Essential Commodities Act to decide as to whether the petitioners are entitled for the said paddy or not. Now that the petitioners have approached the Collector and already filed their representation seeking release of the said paddy, the Collector is hereby directed to consider the said representation and pass necessary orders within a period of two weeks from the date of receipt of a copy of this order. Till such time, the seized stock of paddy shall not be sold by way of public auction. The Writ Petition is accordingly disposed of. No order as to costs. -------------------- kvsn 20.08.2009