IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11868 of 2008 Between: 1 M/s. Mahendra Rice Industry, Rep. byits Partner Machukonda Ashok, S/o. late Mallaiah, Aged about 34 Years, Occ: Business, R/o. 19-139, Reddy Colony, Miryalguda, Nalgonda District. 2 M. Bhanu Prakash, S/o. M. Narsaiah, R/o. 19-139, Reddy Colony, Miryalguda, Nalgonda District. ..... PETITIONER(S) AND 1 The Collector (CS) Ranga Reddy District at Lakdikapool, Hyderabad. 2 Inspector, Vigilence and Enforcement, Ranga Reddy District at Lakdikapool, Hyderabad. .....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 more in teh nature of Writ of Mandamus declaring the seizure of 200 Qlts of BPT Raw Rice along with lorry bearing No. AP 24 V 105 on 29-05-2008 as null and void and pass Counsel for the Petitioner:MR.V.H.V.R.R.SWAMY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11868 of 2008 ORDER: It is the case of the petitioners that the 1st petitioner is the owner of the rice mill and the 2nd petitioner is the owner of the lorry bearing No. AP- 24-V-105. While the said lorry was transporting rice without having any valid permit, the same was seized under a cover of panchanama on 29-05- 2008 and 6-A proceedings have been initiated. It is stated that the petitioner is entitled for interim custody of the lorry as well as the seized stocks pending disposal of the 6-A proceedings. Learned Government Pleader appearing for the respondents submits that insofar as lorry is concerned, the owner of the lorry filed an application before the Joint Collector and the Joint Collector through order in Ref.No.A7/531/2008, dated 09-06-2008, directed for release of the lorry on furnishing bank guarantee for a sum of Rs.2,69,230.76 ps. for a period of two years along with an affidavit declaring that the vehicle will not be alienated till disposal of the case. In view of the aforesaid order passed by the Joint Collector, I am of the opinion that no orders are required to be passed insofar as the lorry is concerned. Insofar as seizure of 200 qtls of BPT rice is concerned, as 6-A proceedings are pending, I am of the opinion that it is just and proper to direct the 1st respondent to complete the proceedings under Section 6-A of the Essential Commodities Act as expeditiously as possible preferably within a period of three months from today. Accordingly, the writ petition is disposed of directing the 1st respondent to complete the proceedings under Section 6-A of the Essential Commodities Act as expeditiously as possible preferably within a period of three months from today. However, it is made clear that pending disposal of the 6-A proceedings, the seized stocks may not be sold. There shall be no order as to costs. ___________ 11-06-2008 Note: Issue C.C. in two days (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}