THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.28140 of 2011 Date: 17.10.2011 Between: M/s. Srimatha Rice Depot, Karimnagar. … Petitioner and The Collector (C.S.), Karimnagar and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.28140 of 2011 ORDER : Heard Sri L. Sridhar, counsel representing Sri V. Ravi Kiran Rao, learned counsel appearing for the petitioner. Having regard to the short relief sought for in the writ petition not to sell the seized stock pending disposal of the enquiry by the 1st respondent, this writ petition is being disposed of at the admission stage. 2. The petitioner claims to be the proprietor of M/s. Srimatha Rice Depot, situated at Kaman Road, Karimnagar, and conducting the business of essential commodities as a retailer and wholesaler after obtaining valid licence under the provisions of Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. Respondent Nos.3 and 4, Deputy Tahsildar (CS), Gangadhara Mandal, Karimnagar and Assistant Grain Purchasing Officer, Karimnagar, respectively, inspected the petitioner’s business premises and godown on 12.10.2011 and seized the stock consisting of BPT rice, Hamsa rice, Broken rice and also P.D.S. rice. The inspecting staff intercepted an Auto Trolley bearing No.AP 15X 4802 while carrying P.D.S. rice and the driver of the said vehicle appears to have informed that the said stock belongs to the petitioner. Therefore, alleging contravention of the provisions of the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 and A.P. State Public Distribution System (Control) Order, 2008, the said stock was seized and a report has been laid before the 1st respondent-Collector (CS), Karimnagar, for initiation of an enquiry under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). 3. It is the case of the petitioner that he was not dealing with the P.D.S. rice, that the seized stock was purchased in the open market and that he has not committed any irregularity or contravened any of the provisions of the said Control Orders as alleged against him. Therefore, he filed the present writ petition stating that as an enquiry initiated under Section 6-A of the Act is pending before the 1st respondent, in the meanwhile, if the seized stock is sold, he would suffer grave and irreparable loss. He, therefore, seeks a direction to the 1st respondent to complete the said enquiry within a time frame and in the meanwhile not to sell the seized stock. 4. Learned counsel for the petitioner submits that the petitioner is prepared to participate in the enquiry and, defend his case and in the meanwhile, if the seized stock is sold, the petitioner would suffer grave and irreparable loss. The learned counsel, therefore, submits that the 1st respondent be directed to dispose of the enquiry within a time frame and in the meanwhile not to sell the seized stock. 5. I am not inclined to express any opinion on the merits of the case. It is true that once a report is laid alleging contravention of the provisions of the said Control Orders, the 1st respondent is competent to initiate proceedings for eventual confiscation of the seized stock. In the instant case, the seized stock, being rice, is not perishable in nature. However, in matters of this nature, the Statutory authorities are expected to pass orders expeditiously within a reasonable time. Since the enquiry initiated under Section 6-A of the Act is likely to take some time, in the meanwhile, if the seized stock is sold, it might cause grave and irreparable loss to the petitioner. 6. In the circumstances, the writ petition is disposed of directing the 1st respondent to complete the enquiry initiated under Section 6-A of the Essential Commodities Act, 1955 in pursuance of the panchanama dated 12.10.2011 and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. Till conclusion of the said enquiry and final orders are passed, the seized stock of the petitioner shall not be sold or otherwise disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 17.10.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.28140 of 2011 17.10.2011 (Msr)