THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5202 OF 2010 DATED:09.03.2010 Between: Jilla Rajesham .. Petitioner And The Government of Andhra Pradesh, Rep., by its Secretary, Food, Agriculture And Civil Supplies Department, Secretariat, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5202 of 2010 ORDER: The petitioner is allegedly an agriculturist owning Acs.4.39 guntas of land comprised in Survey Nos.27, 28, 29, 30 and 31 of Nakrikommula, H/o.Pariveda Village, Koheda Mandal in Karimnagar District. Allegedly, he raised paddy and groundnut (in a small extent). The fourth respondent surprised the petitioner’s house and seized 192 quintals of BPT Paddy, six quintals of groundnut for alleged contravention of the Andhra Pradesh Scheduled Commodities Dealers (Licencing, Storage and Regulations) Order, 2008. A report was submitted to the Joint Collector, Karimnagar. He initiated action under Section 6-A of the Essential Commodities Act, 1955 (the Act) and issued notice bearing No.G3/117/2010, dated 11.02.2010, under Section 6-B of the Act, calling upon the petitioner to show cause as to why action should not be taken for confiscation of entire seized stock. The petitioner sent reply and enquiry is pending. In the meanwhile, it appears that on 26.02.2010, the Joint Collector, Karimnagar, passed order under Section 6-A (2) of the Act for stay of sale, allegedly on the premise that paddy and groundnut are subject to speedy and natural decay. The fourth respondent was directed to conduct auction for selling the seized stock. In obedience thereto, the fourth respondent issued notice bearing No.A/144/2010, dated 03.03.2010, advising the interested persons to participate in the auction to be scheduled on 06.03.2010. However, learned counsel for the petitioner brought to the notice of this Court that on that day no auction was held. Be that as it is, assailing the auction by respondents 3 and 4 of the seized food grains/groundnut to sale under Section 6-A (2) of the Act, the present Writ Petition is filed. Learned counsel relies on P. Siva Reddy v. District Collector, Kurnool, Kurnool District[1], wherein it was held that any determination that the seized stock is subject to speedy and natural decay and therefore requires urgent sale must be preceded by a notice to the interested persons. In this case, it appears that there was no such notice before the Joint Collector passed order on 26.02.2010 ordering stay of sale. But the said order has not been specifically challenged before this Court. In view of the above, the Writ Petition is disposed of in the following manner. (1) The Joint Collector/Karimnagar District, who issued Notice under Section 6-B of the Act on 11.02.2010, is directed to afford a reasonable opportunity of being heard to the petitioner and dispose of the proceedings under Section 6-A of the Act as expeditiously as possible within a period of four weeks from the date of receipt of a copy of this order. Till then, his order dated 26.02.2010 directing the sale shall be kept in abeyance. (2) Till the proceedings under Section 6-A of the Act are disposed of, the seized stock shall not be sold. There shall be no order as to costs. _____________ (V.V.S. RAO,J) 09.03.2010 KH [1] 2008(6) ALD 1 (DB)