IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.15120 of 2008 Between: Pasumarthi Ram Mohan Rao, S/o.Viswanatham, aged about 50 years, and others … Petitioners And Joint Collector (Collector, Civil Supplies), Khammam District, and others … Respondents Order: Petitioners seek a Writ of Mandamus declaring the action of the respondents, in particular the second respondent- Inspector of Police, Vigilance Cell, Khammam in seizing 178 bags of fertilizers belonging to them on 27-06-2008 from the premises of Primary Agricultural Cooperative Society, Kuppenakuntla, Penuballi Mandal, Khammam District and putting them to public auction as illegal and arbitrary. Petitioners claim to be agriculturists owning different extents of land which were put to cultivation. It is stated that they purchased fertilizers for use in their fields from Kodanda Sreerama Manures, Tiruvuru, Krishna District and stored the same in Primary Agricultural Cooperative Society, Kuppenakuntla. It is their grievance that though they have purchased the fertilizers for the purpose of using them in their fields, the same were seized by the respondents unauthorizedly. On the other hand, in the counter-affidavit filed on behalf of the respondents, it is stated that the petitioners purchased fertilizers and stored them illegally for the purpose of selling the same in black market at higher rates; hence proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short, ‘the Act’) were initiated and the stocks of fertilizers were seized. This court, while admitting the writ petition, by order dated 15-07-2008, in W.P.M.P.No.19579 of 2008, directed the respondents not to sell the seized stocks of fertilizers. But, in the counter-affidavit filed on behalf of the respondents, while denying various allegations made by the petitioners, it is stated that by the time the aforesaid order of this court was communicated, already, 177 bags of ‘20-20-0-13 fertilizer’ was auctioned and handed over to the bidders concerned. Whether the petitioners have stored the fertilizers illegally or not is a matter for enquiry in the proceedings initiated under Section 6-A of the Act. In view of the allegations made against the petitioners, this court cannot go into the merits of the case and record a definite finding. As much as it is stated that stocks of fertilizers were seized as early as on 27-06-2008, I deem it appropriate to dispose of the writ petition with the following directions: If the proceedings under Section 6-A of the Act have not yet been finalized, respondents are directed to complete the enquiry and pass appropriate final orders in the said proceedings within a period of two months from the date of receipt of this order. The sale proceeds derived out of the public auction and the remaining stocks of fertilizers which have not yet been sold shall be subject to the final orders to be passed under Section 6-A of the Act. No order as to costs. ___________________ (R. SUBHASH REDDY, J) October 27, 2010 MRR