THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29229 of 2011 Date: 01.11.2011 Between: Sk. Abdul Rahman … Petitioner and The Joint Collector (CS), Krishna, Machilipatnam and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29229 of 2011 ORDER : Heard Sri Kowturu Vinaya Kumar, learned counsel appearing for the petitioner, as well as Sri D. Kodanda Rama Murthy, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. Having regard to the short relief sought for by the learned counsel for the petitioner at the hearing to direct the 1st respondent-Joint Collector (CS), Krishna District, for early disposal of the enquiry proceedings, with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. The petitioner claims to be a trader dealing in rice at Karlapalem Village and Mandal, Guntur District, having obtained a valid licence under the provisions of A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. On 9.9.2011, a lorry bearing registration No.AP 27V 2129, which is said to be engaged by the petitioner, was found carrying rice meant for public distribution system. The said vehicle was seized along with the stock and the 2nd respondent-Special Deputy Collector (PDS), Gudiwada, Krishna District, filed a petition under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”) before the 1st respondent for eventual confiscation of the seized stock and the vehicle. On a petition filed by the owner of the vehicle, the 1st respondent released the lorry by order dated 20.10.2011 on furnishing bank guarantee for an amount of Rs.2,91,500/- towards security. The petitioner, claiming to be the owner of the seized stock, filed a petition dated 13.9.2011 for release of the seized stock. The 1st respondent on a consideration of the matter, passed the impugned order in E.C.P.No.272/2011, dated 27.10.2011 declining to release the seized stock as the said stock of rice is meant for public distribution system and not for sale in the open market. Eventually, the 1st respondent also directed to sell the seized stock to the cardholders. Challenging the said order, the petitioner has filed the present writ petition. 3. Learned counsel for the petitioner submits that the petitioner has not contravened the provisions of the said Control Order. The learned counsel also submits that the petitioner is prepared to participate in the enquiry and defend his case and, in the meanwhile, if the seized stock is sold to the cardholders, the petitioner would suffer grave and irreparable loss as the sale to the public would fetch unreasonably low price. The learned counsel, therefore, submits that the 1st respondent be directed to dispose of the enquiry within a time frame and in the meanwhile not to sell the seized stock. 4. It is true that the stock was seized on 13.9.2011 and by virtue of the impugned order dated 27.10.2011, the said stock has been directed to be sold to the cardholders. Admittedly, an enquiry under Section 6-A of the Act is pending before the 1st respondent. In matters of this nature, the Statutory authorities are expected to pass orders expeditiously within a reasonable time. Since the enquiry initiated under Section 6-A of the Act is likely to take some time, in the meanwhile, if the seized stock is sold, it might cause grave and irreparable loss to the petitioner. 5. In the circumstances and also keeping in view the short relief sought for by the learned counsel for the petitioner at the hearing, the writ petition is disposed of directing the 1st respondent to complete the enquiry initiated under Section 6-A of the Essential Commodities Act, 1955 and pass appropriate orders as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Till conclusion of the said enquiry and final orders are passed by the 1st respondent, the seized stock of the petitioner shall not be sold or otherwise disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 01.11.2011. NOTE: Issue C.C. in two days. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29229 of 2011 01.11.2011 (Msr)