THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24774 of 2009 DATE:16.11.2009 Between: Gangireddi Lokesh Venkata Ramanna ... Petitioner and The State of A.P., represented by the Commissioner, Civil Supplies, Hyderabad, and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24774 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 3rd respondent in seizing the rice under the cover of panchanama dated 20.10.2009, as illegal and arbitrary, and consequently, to direct the respondents not to sell the seized stock, till the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short "the Act"). 2. According to the petitioner, he is doing business the name and style of "Sri Venkateswara Rice & General Stores" at Epuru, Pedapadu Mandal, West Godavari District. On 20.10.2009 the District Civil Supplies Officer, Eluru, W.G.Dt. - 3rd respondent inspected his shop and seized 30.74 quintals of Sona Rice and 14.00 quintals of BPT rice on the ground that he did not possess the food grains licence, under the cover of panchanama dated 20.10.2009. Later, he reported the matter to the Joint Collector, West Godavari District - 2nd respondent, who, in turn, initiated proceedings under Section 6-A of the Act. Immediately thereafter i.e. on 03.11.2009, he approached the 2nd respondent and filed an application seeking release of the seized stock, on his furnishing bank guarantee. But however, as no orders have yet been passed on his application by the 2nd respondent, he filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. Having considered the submissions made by both the learned counsel and as the petitioner offered to furnish bank guarantee, this Court is of the view that the writ petition can be disposed of with a direction to the respondents to release the stock of rice seized on 20.10.2009 in favour of the petitioner. 5. Accordingly, the writ petition is disposed of directing the respondents to release the stock of rice seized on 20.10.2009 in favour of the petitioner on his furnishing bank guarantee in a sum of Rs.75,000/- (Rupees Seventy five thousand only) within a period of one week and to complete the proceedings under Section 6-A of the Act, within a period of eight (8) weeks, from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 16th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24774 of 2009 (Disposed of) 16th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS