IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESSDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 15936 of 2009 Between: M/s.Lakashmi Agencies (IOCL), rep.by partner N.Sudershan Reddy,S/o.Bal Reddy Sy.No.927,Kandurkur village and Mandal Ranga Reddy District ..... PETITIONER AND The Collector (CS), Ranga Reddy District at Lakdikapool, Hyderabad .....RESPONDENT 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 any writ order or direction more in the nature of writ of mandamus declaring the action of the respondent by issuing show cause notice dated 27.4.2009 in Proceedings 6A case No.A7/327/2009 dated 27.4.2009 even after hearing 4.7.2009 without passing orders is null and void is 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 SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.15936 OF 2009 ORDER: 1 When once an application is made to renew the licence long before the same was to expire, the authorities shall pass orders either renewing the licence or refusing the said application. But here is a case where no orders have yet been passed. May be it is true that proceedings under section 6 A of the Essential Commodities Act have been initiated, but that cannot be a ground to say that the petitioner shall not carry on business. Section 6 A proceedings are only for the purpose of knowing as to whether the seized commodities are to be confiscated or not. If the authorities feel that the petitioner’s licence is to be kept under suspension, they have to necessarily follow the procedure provided for under the relevant Control Order i.e. A.P. Petroleum Products (L & RS) Control Order 1980. Curiously, the respondent authorities have not initiated any action under the provisions of the relevant Control order. 2 As the petitioner applied for renewal of licence as early as on 31.12.2008, the laches can be attributed only to the authorities but not to the petitioner for the reason that he gave the application for renewal well in advance. Hence this court is of the view that the action of the respondents in not permitting the petitioner to carry on business on the ground that proceedings under Section 6 A of the Essential Commodities Act have been initiated is bad in law. 3 Accordingly, this Writ Petition is allowed at the stage of admission and the respondent authorities are hereby directed to consider the said application dated 31.12.2008 submitted by the petitioner for renewal of licence. However, pending consideration of the said application, the respondent authorities shall allow the petitioner to carry on business in accordance with the relevant provisions of the A.P. Petroleum Products (L & RS) Control Order 1980. No order as to costs. ------------------ 12.08.2009 kvsn