IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 21053 of 2009 Between: Kanukuntla Srinivas,S/o Narsimha Ramulu, 38 years, Occ: Business, M/s Srikar Traders, C/o Balaji Binny Rice Mill, Fort Road, Warangal, Warangal District. ..... PETITIONER AND 1. The District Collector (Civil Supplies), Warangal, Warangal District and another. .....RESPONDENTS THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.21053 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the order of the 1st respondent dated 23.09.2009 issued in ECAC No.107 of 2009, whereby directing the 2nd respondent to sell the stocks of 178.20 quintals of common variety rice; 2.30 quintals of super fine rice; 31.00 quintals of broken rice; 60.80 quintals of paddy of common variety; 879.60 quintals of paddy of Grade-A variety, on 26.08.2009, in open auction, as illegal and arbitrary and consequently sought for a direction to the respondents to release the aforesaid stocks in favour of the petitioner. The petitioner is having valid licence to carry on business in rice. On 26.08.2009, the 2nd respondent along with Vigilance Inspector, Vigilance Tahsildar and other staff visited the business premises of the petitioner and seized the aforesaid stocks on the ground that there are certain variations when compared to the book balance with that of ground stock. Pursuant thereto, on the basis of the report furnished by the 2nd respondent, the 1st respondent initiated proceedings under Section 6-A of the Essential Commodities Act and issued a show cause notice under Section 6-B of the E.C. Act dated 23.09.2009 in ECAC No.107 of 2009 calling for the explanation of the petitioner as to why the seized stocks shall not be confiscated. Subsequently, the 1st respondent passed an order under Section 6 (2) of E.C. dated 23.09.2009 directing the 2nd respondent to sell the seized stock in open auction. Hence the present writ petition. Heard both sides. Since the show cause notice under Section 6-B of the Essential Commodities Act has already been issued by the 1st respondent, this Court is of the view that this writ petition can be disposed of without going into the merits of the case. The writ petition is accordingly disposed of with a direction to the 1st respondent-District Collector to complete the proceedings pending before him under Section 6-A of the Essential Commodities Act 1955 and pass necessary orders thereon, within a period of eight weeks from the date of receipt of a copy of this order. Pending consideration of the said proceedings, the seized stock shall not be sold. No order as to costs. _________________________ (GOPALA KRISHNA TAMADA, J) 06-11-2009 Note: Issue C.C. in two days. (Bo) Gsn.