IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23153 of 2008 Between: M/s. Lakshmirama Traders, Kirana & Rice Merchant, Rep. by its Proprietor Kota Venkata Krishna Rao, S/o. Ramaiah, aged 37 yrs R/o. 22-16-100, Rest House Road, Near Mavullaramma Temple, Bhimavaram, West Godavari District. ..... PETITIONER AND 1 The Joint Collector, Eluru, West Godavari District. 2 The Tahsildar, Bhimavaram, West Godavari 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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings in Roc No. CS.I/200/ECA/2008 dt. 9-10-2008 passed by the 1st Respondent authority as arbitrary, illegal, null and void and to set aside the same and consequently direct the respondent authorities to release the stocks worth Rs. 3,46,740/- seized on 24-9- 2008 by the 2nd Respondent authority, belonging to the petitioner. Counsel for the Petitioner: MR.BALAJI MEDAMALLI Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 23153 of 2008 O R D E R: The petitioner herein is a kirana and rice merchant carrying on business in the name of Lakshmirama Traders at Bhimavaram. On 24-09-2008, the entire stock available in the business premises of the petitioner was seized on the basis of the information said to have been given by a rickshaw puller that he had been transporting rice from the MLS point, APSCSC Ltd., godowns, which is intended for social welfare hostels to the petitioner’s shop. Pursuant thereto, a case under Section 6-A of the Essential Commodities Act, 1955 was registered before the ﬁrst respondent. Immediately thereafter, the petitioner made an application seeking release of the seized stock stating that he has nothing to do with the alleged oﬀence. The grievance of the petitioner is that without considering his application for release of the seized stock, the ﬁrst respondent passed the impugned order dated 09-10-2008 directing disposal of the entire seized stock through open auction. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. Since the material on record shows that the petitioner made an application for release of the seized stock much prior to the impugned order dated 09-10- 2008, the impugned order dated 09-10-2008 directing sale of seized stock is unwarranted and unjustiﬁed. The ﬁrst respondent ought to have considered the claim of the petitioner for release of the seized stock before proceeding further. Accordingly, the impugned order dated 09-10-2008 is hereby set aside and the writ petition is disposed of with a direction to the ﬁrst respondent to consider the application of the petitioner for release of the seized stock and pass appropriate orders following due process of law. Till such time, there shall be stay of sale of the seized stock. No costs. ______________ G. ROHINI,J Date: 23-10-2008 Note: Issue operative portion by wire. B/o KLP