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 : 16000 of 2009 Between: Kamal Kumar, S/o. Jayaprakashji, R/o. Plot No. 129, Shapoornagar, Jeedimetla, Ranga Reddy District. ..... PETITIONER AND 1 Assistant Supply Officer (Enforcement) Urban, Rural, Senior C.I. Team O/o. District Collector, Ranga Reddy District at Lakdikapool, Hyderabad. 2 The Collector (CS) Ranga Reddy District, at Lakdikapool, Hyderabad. .....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 any writ, order or direction more in the nature of Writ of Mandamus declaring the action of the 1st respondent team seizing the 186 Qtls, of Sugar by conducting pachanama on 16-7-2009 is null and void Counsel for the Petitioner:MR.THIMMADISUDHAKAR REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : ORDER : This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the respondent seizing 186 quintals of sugar on 16.07.2009 is null and void. 2. According to the petitioner, respondent No.1 surprised the godown of the petitioner on 16.07.2009 conducted panchnama seized the sugar of 186 quintals value of Rs.2,51,000/- and handed over the same to the Manikeswari Rice Depot on the ground that the petitioner is not having any valid licence under the provisions of Andhra Pradesh Schedule Commodities Dealers’ (Licensing, Storage and Regulation) Order, 2008. On the basis of a report furnished by respondent No.1, respondent No.2 initiated proceedings under Section 6-A of Essential Commodities Act. The petitioner, apprehending that the stocks may be sold in a public auction, approached this Court and filed the present writ petition. 3. Heard the learned counsel for the petitioner and also the learned Government Pleader for Civil Supplies. 4. The stock seized according to the panchanama is 186 quintals of sugar worth Rs.2,51,100/-. It is true that the proceedings under Section 6- A of Essential Commodities Act have been initiated, but it is not known how much time it takes for the authorities to finish the said proceedings. If the stocks are not sold during the pendency of the proceedings under Section 6-A of Essential Commodities Act and the same takes long time, there is every possibility of the stock getting spoiled. Hence, this Court is of the view that the stock can be ordered to be released to the petitioner provided he furnishes bank guarantee. The learned counsel for the petitioner submitted that the petitioner is willing to furnish the bank guarantee to a tune of Rs.2,52,000/- to the satisfaction of respondent No.2, District Collector. In that view of the matter, the Writ Petition is allowed and the stocks seized on 16.07.2009 are hereby directed to be released in favour of the petitioner subject to condition of the petitioner furnishing bank guarantee for a sum of Rs.2,52,000/-(Rupees Two lakhs and Fifty Two thousand only) to the satisfaction of District Collector, Rangareddy District within a period of two(2) weeks from today. The 2nd respondent is hereby further directed to complete the enquiry initiated under Section 6 A of the Essential Commodities Act within a period of eight(8) weeks from the date of receipt of a copy of this order. It is needless to observe that the 2nd respondent shall put the petitioner on notice and afford an opportunity to him before disposing of the proceedings under Section 6-A of Essential Commodities Act. With the above directions, this writ petition is allowed at the stage of admission. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J August 10, 2009 KSH