IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12219 of 2008 Between: Sri D. Dasaratharami REddy, S/o.Muniswamy Reddy, R/o. Sullurpet, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore District. 2 The Civil Supplies Deputy Tahsildear, Sullurpet, Nellore District. .....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 to issue any Writ, order or direction particularly one in thenature of Writ of MANDAMUS under Article 226 of the Constitution of India, to set aside the order dated 17-5-2008 passed by the 1st respondent in Rc/B/247/2008 directing the petitioner to furnish Bank Guarantee for an amount of Rs. 2,38,000/- and undertaking in the form of Notarized Affidavit and further direct the respondents to release the stock seized on furnishing the personal bond by the petitioner pending the Writ petition and pass Counsel for the Petitioner:MR.P.KRISHNA REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following: THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12219 of 2008 ORAL ORDER: Specified quantities of various categories of rice, broken rice, boiled rice, rice bran and paddy were seized from Sri Krishna Traders which was a Lease Holder of Sri Venkateshwara Rice Mill, Sullurpet represented by the petitioner proprietor on the ground of violation of Clauses 3 and 4 of the A.P. Rice Procurement Order, 1984 (for short ‘the 1984 Order’) and a case under Section 6-A of the Essential Commodities Act, 1955 is initiated and is being pursued. The petitioner submitted a representation to the first respondent for interim release of the seized commodities on execution of a personal bond. By the impugned order dated 17- 05-2008, the first respondent after recording that though the petitioner is seen to have delivered 70% of rice as levy to the Food Corporation of India, as per the target fixed, is seen to have failed to apply for issue of permit to transport the boiled rice to other States as required by the provisions of Clauses 3 and 4 of the 1984 Order. However, the first respondent ordered the release of the seized commodities i.e, rice subject to production of bank guarantee for an amount of Rs.2,38,000-00 which is the value of the seized commodities. The petitioner is aggrieved thereby and thus before this Court. Sri P.Krishna Reddy, learned counsel for the petitioner states that it is economically prejudicial to the petitioner to obtain a bank guarantee because it involves depositing a similar amount with the bank for the purpose of obtaining a guarantee as per the current banking practices. The petitioner is satisfied if he is permitted to obtain the release of the seized commodities on furnishing the security of immoveable property of a value of Rs.2,38,000-00. Having heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies, the writ petition is disposed of directing the first respondent to accept the immoveable property security from the petitioner of a value of Rs.2,38,000-00 or above and release the seized commodities on furnishing of such immoveable property security. There shall be no order as to costs. ____________________ GODA RAGHURAM, J Dated: 19-06-2008 Pvks/*