THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26977 of 2010 Date: 01.11.2010 Between: Nakka Pedda Tripura Reddy and others ..... Petitioners AND The District Collector, Ongole and others .....Respondents Counsel for the Petitioners: Smt. K. Aruna Counsel for Respondents: Assistant Government Pleader for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a Mandamus to set aside the proceedings dated 01.10.2010 of respondent No.1, whereby he directed respondent No.2 to sell the paddy and rice worth Rs.1,53,300/- seized from the premises of petitioner No.1 in open auction. I have heard Smt. K. Aruna, the learned counsel for the petitioners and the learned Assistant Government Pleader for Civil Supplies. Petitioner No.1 is the owner of a rice mill. Petitioner No.2 is stated to be the brother of petitioner No.1. Following an inspection on 31.08.2010 of the Food Inspector, Markapur, along with Enforcement Deputy Tahsildar, Markapur and Y.palem, 42 quintals of BPT paddy and 52.50 quintals of BPT rice worth Rs.1,53,300/- were seized on the ground that petitioner No.1 has been doing business without possessing food grains licence and that thereby he has contravened the provisions of the Andhra Pradesh Schedule Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. The petitioners made an application before respondent No.1 for release of the seized stock by pleading that the stock belonging to them was meant for personal consumption. However, by the impugned order, respondent No.1 directed sale of the seized stock in public auction. Inasmuch as the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) are pending before respondent No.1, it is not appropriate to render conclusive findings on the claim of the petitioners. However, in the facts and circumstances of the case, I am of the opinion that the interests of justice would be balanced between the parties, if the seized stock is released to the petitioners subject to their furnishing bank guarantee for the sum of Rs.1,53,300/- (Rupees one lakh fifty three thousand and three hundred only) representing the value of the seized stock as assessed by the respondents. The bank guarantee so furnished shall be subject to the result of the pending proceedings under Section 6-A of the Act before respondent No.1. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.34472 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 01st November, 2010 GHN