IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 13261 of 2008 Between: S. Mallikarjuna Rao S/o. Vishwanatham R/o. Sathupally, Khammam District. ..... PETITIONER AND 1 The Collector (Civil Supplies), Khammam, Khammam District. 2 The Deputy Thasildar (Civil Supplies), Sathupally, Khammam District. .....RESPONDENTS 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 issue a writ of Mandamus or any other appropriate writ declaring panchanama dt. 17.06.2008 conducted by the respondent No.2 as illegal, arbitrary and unconstitutional and without authority of law or pass any other appropriate order or orders as this Hon'ble Court may deem fit and proper in the interest of Justice. Counsel for the Petitioner:MR.A.RAJASEKHAR REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No :13261 of 2008 ORDER: As apparent from the contentions urged by the learned counsel for the petitioner, the writ petition is filed on an apprehension that the 1st respondent would order interim disposal of the seized stocks of Sona Masuri rice, paddy and broken rice seized from the premises of M/s.Chandra Rice and General Merchants, Sathupally, of which the petitioner is the Proprietor, even without an order being passed and communicated to the petitioner. The petitioner would urge that since the commodities seized are not perishable nor subject to speedy and natural decay, no interim sale could be ordered in rational exercise of the discretion under Section 6-A(2) of the Essential Commodities Act, 1955. The learned Government Pleader for Civil Supplies at the stage of admission, fairly concedes the legal position that the Collector is not empowered to direct interim sale of the seized commodities without passing any formal order and without communicating the same to the person affected, which is the petitioner. In view of this concession, which is also the legal position, an un-communicated administrative order being inoperative, the apprehensions of the petitioner have no legitimate basis. The writ petition is premature and is dismissed recording the statement of the learned Government Pleader. As and when the petitioner has a cause of action in respect of the apprehensions expressed herein, he is at liberty to approach this Court. ____________________ GODA RAGHURAM,J DATE: 25th June, 2008 pnb To 1 The Collector (Civil Supplies), Khammam, Khammam District. 2 The Deputy Thasildar (Civil Supplies), Sathupally, Khammam District. 3 Two C.Cs. to the learned Government Pleader for Civil Supplies, High Court Buildings, Hyderabad. 4 Two C.D. copies ..... REGISTRAR // TRUE COPY // SECTION OFFICER