IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 15869 of 2009 Between: Kanukuntla Mallikarjun S/o. Satyanarayana 1-6-75, Boiwada, Karimnagar Proper & District. ..... PETITIONER AND 1 The Collector (CS) Karimnagar District Karimnagar. 2 The Tahsildar Karimnagar Mandal Karimnagar Proper & District. 3 The District Supply Officer Karimnagar District. Karimnagar. .....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 order passed by the respondent No.1 in Proc. No. G3/1085/2009 dated 31-7-2009 directing the respondent No.2 for selling the seized stock of 1. Green Gram Dal 18 Quintals Rs.93,600-00 2. Sugar 110 Quintals Rs.2,64,000-00 3. Bengal Gram Dal 66.50 Quintals Rs.1,52,950-00 4. Wheat Atta 36 Quintals Rs. 46,000-00 5. Maida 41 Quintals Rs. 55,760-00 6. Bengal Gram atta 26 Quintals Rs. 59,800-00 7. Dalda 37.05 Quintals Rs. 85,100-00 8. Black Gram 5 Quintals Rs. 24,000-00 9. Wheat 12.50 Quintals Rs. 16,250-00 10. Black Gram Dal 0.50 Kgs. Rs. 2,000-00 ------------------------ ----------------------------------------------------------------- Rs. 8,00,260-00 through public auction, without considering the petition filed by the petitioner dated 13-7-2009 and without giving any opportunity of hearing and the seizure of the said stock of the petitioner through panchanam dated 2-7-2009 by the respondent No.3 even though the petitioner is doing his business with valid Food Grains license and even though the petitioner has not contravened any of the provisions of the control order and even though the stocks available with the petitioner is with in permissible limits, 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 said 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.15869 of 2009 ORDER: 1 The petitioner who is engaged in the business of purchase and sale of essential commodities i.e. edible oils, food grains, pulses in wholesale and retail, approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may 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 order passed by the respondent No.1 in Proc.No.G3/1085/2009 dated 31.7.2009 directing the respondent No.2 for selling the stock of 1. Green Gram Dal 18 Quintals Rs.93,600-00 2. Sugar 110 Quintals Rs.2,64,000-00 3. Bengal Gram Dal 66.50 Quintals Rs.1,52,950-00 4. Wheat Atta 36 Quintals Rs. 46,000-00 5. Maida 41 Quintals Rs. 55,760-00 6. Bengal Gram atta 26 Quintals Rs. 59,800-00 7. Dalda 37.05 Quintals Rs. 85,100-00 8. Black Gram 5 Quintals Rs. 24,000-00 9. Wheat 12.50 Quintals Rs. 16,250-00 10. Black Gram Dal 0.50 Kgs. Rs. 2,000-00 ------------------------------------ Rs. 8,00,260-00 through public auction, without considering the petition filed by the petitioner dated 13-7-2009 and without giving any opportunity of hearing and the seizure of the said stock of the petitioner through panchanama dated 2-7- 2009 by the respondent No.3 even though the petitioner is doing his business with valid Food Grains license and even though the petitioner has not contravened any of the provisions of the control order and even though the stocks available with the petitioner is with in permissible limits, 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 said 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 and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of justice.” 2 During the course of hearing it is brought to the notice of this court that proceedings under section 6 A of the Essential Commodities Act have already been initiated and the Collector is holding an enquiry. It is further brought to the notice of this court that in view of G.O.Ms.No.22 dated 23.04.2009 issued by the Ex Officio Secretary to Government, Consumer Affairs, Food and Civil Supplies (CSI) Department, all products relating to Wheat are excluded from the purview of the A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. The same is not disputed by the learned Assistant Government Pleader. 3 Having heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies, this Writ Petition is disposed of with a direction to the Collector to dispose of the proceedings initiated against the petitioner under section 6 A of the Essential Commodities Act within a period of six weeks from the date of receipt of a copy of this order and the Collector is also directed to release the stocks seized from the petitioner i.e. 36 quintals of Wheat Atta, 41 quintals of Maida and 12.50 quintals of Wheat forthwith. However, as this court directed the Collector to dispose of the proceedings initiated under section 6 A of the Essential Commodities Act within six weeks, the remaining seized commodity shall not be sold pending disposal of the proceedings. No order as to costs. --------------------------- SRI T.G.K, J. 04.08.2009 Kvsn