IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 258 of 2009 Between: M/s. Venkateswara Rice Traders, rep. by its Proprietor, Madabathula Sekhar, S/o. M. Appala Narayana R/o. D.No.20-1-30/1, Relliveedhi, Visakhapatnam. ..... PETITIONER AND 1 The Assistant Supply Officer, Civil Supplies, Circle No.I, Visakhapatnam. 2 The Joint Collector, Visakhapatnam District, Visakhapatnam. .....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 a writ, order or direction in the nature of Mandamus declaring the action of the 1st respondent herein in seizing the Free Sale Rice of 49 quintals from the petitioner shop on 06.01.2009 on the pretext that the petitioner is carrying on the business unauthorisedly as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India and the various provisions of the Essential Commodities Act and be pleased to pass Counsel for the Petitioner: MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.258 OF 2009 ORDER: The writ petition is filed by the petitioner seeking writ of mandamus declaring the action of the 1st respondent in seizing the Free Sale Rice of 49 quintals from the petitioner shop on 6.1.2009 on the pretext that the petitioner is carrying on the business unauthorisedly as being illegal and arbitrary. The case of the petitioner is that the first respondent – Assistant Supply Officer, Civil Supplies, Circle No.I, Visakhapatnam, seized the Free Sale Rice of 49 quintals from the shop of the petitioner on 6.1.2009 on the pretext that the petitioner is carrying on the business unauthorisedly. It is the case of the petitioner that he has commenced the business of Free Sale Rice from September, 2008 onwards by duly obtaining Form-VAT 105 issued by the Commercial Tax Department, Government of Andhra Pradesh and filing returns every month showing all the particulars and doing business in rice both whole-sale and retail. It is stated that the authorities have not taken into consideration the day sales between 9.00 a.m., to 7.00 p.m., on 6.1.2009 and came to a wrong conclusion that there is shortage of 4.75 quintals of rice. It is stated that the petitioner is carrying on business by obtaining the required licence and fulfilling the conditions stipulated under A.P.Scheduled Commodities (Licence and Regulation) Act, 2008 and hence the seizure of the said 49 quintals of Free Sale Rice is illegal and arbitrary. I am not inclined to express any opinion with regard to the merits of the case. Admittedly, the petitioner is said to have been filed a petition before the 2nd respondent on 7.1.2009 along with the required documents for release of the seized stock. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the said petition filed by the petitioner on 7.1.2009 for release of the seized rice in accordance with law, as expeditiously as possible preferably within a week from the date of receipt of a copy of this order. No order as to costs. ________________ V.ESWARAIAH, J. 12.1.2009 kpr