THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :21243 of 2009 DATED: 06-10-2009 Between: G.Ramoorthy & another. ..... PETITIONERS And The Joint Collector (CS) Nellore & another. .....RESPONDENTS ORDER: Petitioner, who claims to be an agriculturist and raised paddy, approached this Court and filed the present Writ Petition seeking a mandamus declaring the action of the respondents in seizing 170 bags of rice and vehicle bearing No.AP26 Y 6939 on 29-09-2009, as illegal and arbitrary. 2. The brief facts are that the said paddy was raised in the fields of the petitioner and when the same is being transported in a lorry bearing No.AP26 Y 6939 on 29-09-2009 the 2nd respondent-Civil Supplies Deputy Tahsildar, Naidupet intercepted the said lorry and seized 170 bags of paddy on the ground that the petitioner is not having valid permit/licence to carry on the said produce. Thereafter, the matter was reported to the 1st respondent- Joint Collector (CS), Nellore who in turn initiated proceedings under Section 6-A of the Essential Commodities Act ( for brevity, ‘the Act’). 3. Coming to know that proceedings under Section 6-A of the Act have been initiated the petitioner approached the 1st respondent-Joint Collector and filed an application on 01-10-2009 requesting him to release the said stocks. However, as no orders have been passed so far, he approached this Court and filed the present Writ Petition. 4. It is the contention of the learned counsel appearing for the petitioner that he produced all the relevant documents before the 1st respondent-Joint Collector and the same are enclosed to the petition filed for release of the stocks, however the 1st respondent has not passed any orders so far. 5. Having regard to the fact that the proceedings under Section 6-A of the Act have already been initiated and it takes some more time to the 1st respondent-Joint Collector to complete the enquiry, this Court is of the view that the said stock and the vehicle seized on 29-09-2009 can be ordered to be released, however on certain conditions. 6. Accordingly, Writ Petition is disposed of. The said stock and the vehicle bearing No.AP26Y 6939 seized on 29-09-2009 are directed to be released in favour of the petitioner on condition of the petitioner depositing the title deeds of the immovable property, equivalent to the value of the stock seized, with the 1st respondent-Joint Collector during the pendency of the proceedings under Section 6- A of the Act. Further the 1st respondent-Joint Collector is directed to dispose of the said proceedings under Section 6-A of the Act at the earliest, preferably, within a period of eight weeks from the date of receipt of a copy of this order. The said vehicle shall be produced before the 1st respondent-Joint Collector as and when required during the course of the enquiry on the proceedings under Section 6-A of the Act. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 06th October, 2009. Note: Furnish C.C. of the order by tomorrow. B/o Tsy