THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24982 of 2009 DATE:18.11.2009 Between: Durgam Gangadhar ... Petitioner and The Joint Collector (CS), Adilabad, Adilabad District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24982 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 4th respondent in initiating proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short "the Act") and seizing 8.10 quintals of rice, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that he was appointed as a dealer in respect of fair price shop No.17 of Dharmaram village, Janaram Mandal, Adilabad District and has been discharging his duties to the utmost satisfaction of the cardholders. While so, on 08.11.2009 the Deputy Tahsildar (Enforcement), Jannaram Mandal, Adilabad District - 4th respondent inspected his shop and found that there is no variation in the stocks. However, he seized 8.10 quintals of rice and registered a case under Section 6-A of the Act. Being aggrieved by the same, he approached this Court and filed the present writ petition. 3. Heard both the learned counsel. 4. The learned counsel for the petitioner has contended that during the course of inspection, initially the 4th respondent did not find any variation in the stocks of the essential commodities. However, on a pressure given by the cardholders, he came to the conclusion that there is variation of 29.60 quintals of rice, though actually the available stock of rice is 8.10 quintals only. 5. This Court is not inclined to go into the contention put forth by the learned counsel for the petitioner because this aspect may be gone into by the Joint Collector, Adilabad District - 1st respondent, during the course of his enquiry under Section 6-A of the Act. In the light of the same and now that the petitioner has come forward to furnish bank guarantee for release of 8.10 quintals of rice, the 1st respondent is hereby directed to release 8.10 quintals of rice in favour of the petitioner on his furnishing bank guarantee equivalent to the value of the said quantity of rice, as assessed by him. He is further directed to complete the enquiry under Section 6-A of the Act within a period of eight (8) weeks from the date of receipt of a copy of this order. 6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 18th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24982 of 2009 (Disposed of) 18th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS