IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 13390 of 2008 Between: G. Satyanaryana, S/o. Lingam Weekly Bazar, Bodhan, Nizamabad District. ..... PETITIONER AND 1 The District Collector (Civil Supplies), Nizamabad District, Nizamabad. 2 The Revenue Divisional Officer, Bodhan, Nizamabad 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 issue a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the 40 quintals of rice from the petitioner's business premises on 13.06.2008, as being arbitrary, illegal, unreasonable, without jurisdiction and further declare that the provisions of A.P. Rice Procurement (Levy) Order, 1984 do not apply to the petitioner's kirana shop and issue a consequential direction directing the respondents to forthwith release the seized rice in favour of the petitioner and pass such further or other orders. Counsel for the Petitioner:MR.D.BHASKAR REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO :13390 of 2008 ORDER: The writ petition is misconceived. On 13.6.2008, 160 bags of 25 kgs., of each, amounting to 40 quintals of rice of BPT variety were seized from the petitioner’s godown on the allegation that the petitioner purchased the rice illegally and was transporting it to other stations without any Release Certificate on the ground of violation of the provisions of A.P. Rice Procurement (Levy) Order, 1984. On 18.6.2008, the petitioner represented to the Joint Collector (Civil Supplies) at Nizamabad for release of the seized stocks in his favour claiming no liability or obligation to obtain the Release Certificate in view of the nature of his business as a kirana merchant and has again filed this writ petition for declaring the mediators report and the seizure as being contrary to the provisions of the A.P. Rice Procurement (Levy) Order, 1984. Whether the petitioner has violated the provisions of the Control Order, 1984 is an issue that should be ascertained by the respondents during the process of investigation or if the proceedings under Section 6-A of the Essential Commodities Act, 1955 are initiated against the petitioner, in such proceedings. The proceedings under Article 226 is inappropriate for an advance ruling on this issue. As the petitioner has already filed an application on 18.6.2008 for release of the seized commodities before the authority concerned, the authority, if such a representation is filed will consider the same expeditiously. On the aforesaid analysis, the writ petition is dismissed at the stage of admission after hearing the learned Government Pleader for Civil Supplies. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 26th June, 2008 Note: Furnish c.c. in two days B/o pnb To 1 The District Collector (Civil Supplies), Nizamabad District, Nizamabad. 2 The Revenue Divisional Officer, Bodhan, Nizamabad District. 3 Two C.Cs. to the Govt. Pleader for Civil Supplies, High Court Buildings, Hyderabad. 4 Two CD copies ..... REGISTRAR // TRUE COPY // SECTION OFFICER