IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 21484 of 2009 Between: 1.M/s.Vandana Seeds Corporation, represented by its proprietor M.Rajanna, S/o Lachaiah, 56 years, Occ:Business, H.No.6-2-208, Hanumanwada, Jagtial, Karimnagar District and another. ..... PETITIONERS AND 1 The Joint Collector (CS), Chittoor District, Chittoor and 2 others. .....RESPONDENTS HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRI PETITION No.21484 of 2009 ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the 3rd respondent in seizing the lorry bearing No.KA-51-7989 belonging to the 2nd petitioner along with the stock of 570 bags of BPT-5204 variety of paddy seeds, each bag containing 30 K.gs (171 quintals), worth Rs.3,42,000/-, through panchanama dated 21.09.2009, even though the said paddy seeds does not come under the purview of the A.P. Scheduled Commodities (Licensing, Storage and Regulation) Order, 2008 and even though the petitioners have not contravened any of the Control Order, as illegal and arbitrary and consequently sought for a direction to the respondents to release the seized stock of paddy seeds in favour of the 1st petitioner and the lorry bearing No.KA-51-7989 in favour of the 2nd petitioner and award compensation in favour of the petitioners. The contention of the learned Counsel for the petitioners is that since the seized stock is only paddy seeds, but not paddy, the proceedings initiated by the respondents are without jurisdiction. In this context, this Court directed the learned Assistant Government Pleader for Civil Supplies to get instructions as to whether the paddy seeds also come within the ambit of the Control Order, 2008 or not. Today, when this matter is taken up for hearing, the learned Assistant Government Pleader for Civil Supplies fairy conceded that the provisions of the Control Order, 2008 does not cover the paddy seeds. In that view of the matter, as the seizure panchanama was under the provisions of the Control Order, 2008, this Court has no hesitation to come to the conclusion that the said seizure panchanama is without jurisdiction. The Writ Petition is accordingly allowed and the seizure panchanama dated 21.09.2009 is hereby set aside. The seized stock as well as the lorry bearing No.KA-51-7989 shall be released, forthwith, in favour of the petitioners 1 and 2 respectively. However, this order does not preclude the competent authority to initiate necessary proceedings under the Seeds (Control) Order, 1983, in case of any violation. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 09-10-2009 Gsn.