IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14882 of 2009 Between: Narla Ravinder S/o. Mallaiah R/o. Kothapalli Village, Huzurabad Mandal, Karimnagar district. ..... PETITIONER AND 1 The Joint Collector ( CS ) Karimnagar District, Karimnagar. 2 The Tahsildar, Huzurabad Mandal, Huzurabad Karimnagar District. 3 The Assistant Supply Officer Incharge Assistant Grains Purchasing Officer, Karimnagar. .....RESPONDENTS Counsel for the Petitioner: MR.K.VENUMADHAV Counsel for the Respondents: AGP FOR CIVIL SUPPLIES The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to declare seizure of 10 quintals of BPT rice and Max Trax bearing registration No.AP 15 Y 1821 of the petitioner, under Panchanama, dated 26-06-2009, as illegal and without jurisdiction. Heard Sri K.Venumadhav, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. On 26-06-2009, the above-mentioned Max Trax was found to be carrying 20 bags of BPT rice, each containing 50 kgs, without any permit or bill. Therefore, the said vehicle was intercepted and seized along with the stock. Evidently, proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), were initiated. The petitioner filed an application for release of the seized stock. According to him, the said application is not disposed of as yet. Apprehending sale of the seized stock, the petitioner filed the present Writ Petition. He questioned the very jurisdiction of the respondents to seize and subject the stock to proceedings under Section 6-A of the Act. At the hearing, the learned Counsel for the petitioner invited my attention to the definition of “Dealer in relation to foodgrains” contained in Section 2(4) of the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 (for short ‘the 2008 Order’), which reads as under: “Dealer in relation to foodgrains” means a person engaged in the business of purchase, sale or storage but excluding importers for sale of any one of the foodgrains in the schedule-1 in quantity exceeding twenty quintals at any one time, or in quantity of exceeding fifty quintals of all foodgrains taken together, but does not include a farmer/agriculturist/ryot, who stores foodgrains produced by his for personal cultivation or for seed purpose.’ Even taking the contents of the Panchanama, on their face value, it is evident that the petitioner was found transporting only 20 bags of BPT rice each containing 50 kgs, which is equivalent to 10 quintals. Therefore, it is not necessary for the petitioner to obtain any license or permit for transportation of the said quantity. Hence, the seizure and initiation of proceedings under Section 6-A of the Act itself were illegal. The respondents are restrained from proceeding with the Section 6-A proceedings in respect of the seized stock. Accordingly, the Writ Petition is allowed. The respondents are directed to release the seized stock of 10 quintals of rice (20 bags) along with Max Trax bearing registration No.AP 15 Y 1821 to the petitioner forthwith. ___________________________ (C.V.NAGARJUNA REDDY, J) 24th July, 2009 Note: Furnish CC in three days. B/o lur