IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16024 of 2009 Between: G.Satyanarayan Reddy S/o.Prathap Reddy R/o.Karimnagar proper and District. ..... PETITIONER AND 1 The Joint Collector (CS), Karimnagar District, Karimnagar. 2 The Assistant Supply Officer/ In charge Assistant Grains purchase Officer (AGPO), Karimnagar. 3 The Tahsildar, Karimnagar Mandal, Karimnagar proper and 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 auction notice issued by the respondent No.3 in Proc No.A/2436/2009 dated 12.7.2009 for selling the seized stock of rice 78.05 quintals i.e., 1). Super Ratna (Errmallelu) 45 KGs X 169 Bags = 76.05 Quintals. 2). Super Ratna (Erramallelu) 25 KGs X 08 Bags = 2.00 Qtls. 3). Broken Rice 45 KGs X 08 Bags = 3.60 Quintals, worth of Rs.72,405/-, without considering the petition filed by the Petitioner dated 27.7.2009 before the respondent and seizing the said stock through panchanama dated 16.5.2009 by the respondent No.2 even though the said seized stock is not fit for human consumption and is only fit for animal feed and even though the petitioner has not contravened any of the provisions of the control order, as arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India. Consequently direct the respondents to release the above seized stock in favour of the petitioner and thereby not to sell the said seized stock until the disposal of the 6-A proceedings by the respondent No.1 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.16024 OF 2009 ORDER: 1 The petitioner approached this court and filed the present Writ Petition questioning the order dated 12.07.2009 whereby 78.05 quintals of rice and 3.60 quintals of broken rice was seized from out of his possession. 2 According to the petitioner the said rice is not fit for human consumption, and the same is used only for animal feed. It is his further contention that he has not contravened any of the conditions of the Control Order or the licenses issued there under. 3 Now that the learned counsel for the petitioner stated that the proceedings under section 6 A of the Essential Commodities Act have already been initiated, this court is of the view that it may not be necessary for this court to go into the various aspects as canvassed by the learned counsel for the petitioner. But as it is stated that the said seized stock is not meant for human consumption and the same is used only for animal feed, this court is of the view that the same can be ordered to be released in favour of the petitioner on condition of his furnishing third party security to a tune of Rs.75,000/- to the satisfaction of the Joint Collector. It is needless to observe that the proceedings initiated against the petitioner under section 6 A of the Essential Commodities Act shall be completed at the earliest, preferably, within a period of eight weeks from the date of receipt of a copy of this order. 4 The Writ Petition is accordingly disposed of. No order as to costs. ----------------- 10.08.2009 Note: Wire at party’s cost B/o kvsn