IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF SEPTEMBER, TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19376 OF 2009 BETWEEN: M/s. Ashok Enterprises, rep. by Proprietor Ashok Kumar Agarwal, Tadepalligudem, West Godavari District. …. Petitioner AND The State of A.P., Rep.by Joint Collector, West Godavari District and another …. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19376 OF 2009 ORDER: This writ petition is filed by the petitioner concern seeking a Writ of Mandamus to declare the seizure of 26 quintals of sugar from its business premises on 19-08-2009, as illegal and arbitrary, and consequently, to direct the respondents to release the seized stock. 2. The case of the petitioner in brief is that it is a proprietary concern engaged in the business of sale of food-grains at Tadepalligudem under a valid licence and it has been carrying on its business in accordance with the conditions of licence and also the directions issued by the licensing authority. While so, on 19- 08-2009 the District Supply Officer, West Godavari at Eluru inspected its business premises and seized 26 quintals of sugar alleging that the said item was not included in the licence issued under the provisions of the A.P. Scheduled Commodities Dealers (L.R. & S) Order, 2008 and reported the matter to the Joint Collector, West Godavari District – 1st respondent. Basing on the report dated 19-08-2009 of the District Supply Officer, the 1st respondent by initiating proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), issued proceedings in Roc.No.Cs.I/114/ECA/2009, dated 30-08-2009, ordering interim disposal of the seized stock. The same is under challenge in this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies. 4. Having regard to the submission made by the learned Counsel for the petitioner that the petitioner is prepared to furnish the bank guarantee, this Court is of the view that this Writ Petition can be disposed of with a direction to the respondents to release the seized stock on condition of the petitioner furnishing a bank guarantee. 5. Accordingly, this writ petition is disposed of directing the respondents to release the seized stock of sugar on condition of the petitioner furnishing a bank guarantee in a sum of Rs.75,000/- (Rupees Seventy five thousand only). However, the 1st respondent is hereby directed to dispose of the said enquiry initiated under Section 6-A of the Act, at the earliest, preferably, within a period of eight (8) weeks from the date of receipt of a copy of this order. No order as to costs. __________________________ GOPALA KRISHNA TAMADA, J September 11, 2009. KTL/KVSN