lTHE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA l lWRIT PETITION No.29096 of 2009 DATE:31.12.2009 Between: P. Chandrasekhar ... Petitioner and The State of Andhra Pradesh, rep. by its District Collector (CS), Prakasam District at Ongole and others ... Respondents l lTHE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA l lWRIT PETITION No.29096 of 2009 · ORDER: · This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 1st respondent in ordering confiscation of 30% of seized stock or its value in favour of the Government by proceedings in Rc.CS1/6A/116/2009, dated 02.12.2009, as illegal and arbitrary. · 22. The facts of the case, in brief, are that the petitioner is the fair price shop dealer of Thariparthivaripalem village, Inkollu Mandal, Prakasam District. On 07.09.2009 the 3rd respondent along with 4th respondent inspected his shop and found certain irregularities and variation in the stocks of PDS rice and seized 10.00 quintals of PDS rice under cover of panchanama. Later, he filed a report dated 08.09.2009 before the higher authorities under Section 6-A of the Essential Commodities Act, 1955. Basing on the report of the 3rd respondent, the 2nd respondent suspended the authorisation of the petitioner pending enquiry by proceedings in Rc.G/1660/2009 dated 11.09.2009. Subsequently, the 1st respondent issued a notice in Rc.CS1/6A/116/2009 dated 19.09.2009 calling upon the petitioner to show cause as to why the seized stock should not be confiscated in favour of the Government, within seven days. On the even date, he also ordered that the seized stock of PDS rice be distributed to the cardholders through public distribution system by the 4th respondent and the sale proceeds be remitted into the Revenue Deposits pending enquiry into 6-A proceedings, as an interim disposal. In response to the show cause notice, the petitioner offered explanation denying the allegations made against him. Thereafter, the 1st respondent ordered confiscation of 30% of the seized stock or its value in favour of the Government by proceedings in Rc.CS1/6A/116/2009 dated 02.12.2009. The same is questioned in this writ petition. · 3. The learned counsel for the petitioner has contended that the variation of 5 kgs of AAY rice and 50 kgs of PDS rice is due to weighment difference while distributing the commodities and taking delivery of the commodities from godown. As per Clause 24 of the A.P. Public Distribution (Control) Order, 2008, 1.5% of variation in the stocks of essential commodities is permissible. Without considering the said fact, the 3rd respondent seized the available stock of 10.00 quintals of PDS rice and passed the impugned order, which is illegal and in violation of the principles of natural justice. · 4. Having considered the submissions made by the counsel on either side, this Court is of the considered opinion that against the order impugned in this writ petition, the petitioner has an alternative remedy of appeal before the District & Sessions Judge, Ongole. Without availing such an alternative remedy, the petitioner straight away approached this Court and filed the present writ petition. Therefore, this Court is of the view that the writ petition can be disposed of with a direction to the petitioner. · 5. Accordingly, the writ petition is disposed of directing the petitioner to approach the District & Sessions Judge, Ongole, and file an appeal before him, within a perod of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ lGOPALA KRISHNA TAMADA, J 31st December, 2009 lCBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA · · · · · · · · · · · · · · · · · · · · ·WRIT PETITION No.29096 of 2009 ·(Disposed of) 31st December, 2009 lCBS l