HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21524 of 2010 Date : 30.08.2010 Between : Bodla Krishna. …..Petitioner And The collector (CS), Karimnagar District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21524 of 2010 ORDER : Heard learned counsel for petitioner and the learned Government Pleader appearing for respondents. In this writ petition, the petitioner has questioned the seizure of 17848 kgs of ground nut oil, 6072 kgs of palmolein oil, 8182 kgts of Soya oil and 1588 kgs of sun flower oil from his business premises on 12.08.2010. The Assistant Supply Officer, Karimnagar, along with his team, inspected the business premises of petitioner on 12th of August 2010, verified the ground stocks position and the stock position as per the registers. Only on the ground that there are variations when book balances are compared with the actual ground balances, the aforesaid available stocks were seized under a panchanama. In this writ petition, it is the grievance of the petitioner that he is having a valid license to deal with edible oils and that without proper verification of registers and stocks, the respondents have affected the seizure illegally. It is submitted that after submission of report by the Assistant Supply Officer, Karimnagar, proceedings are already initiated under Section 6-A of the Essential Commodities Act, 1955. During the course of arguments, the learned counsel for petitioner has also placed on record, the show cause notice bearing No.G3/751/2010, dated 19th August 2010, issued by the Collector (Civil Supplies), Karimnagar, under Section 6-B of the Essential Commodities Act, calling for explanation of petitioner as to why the seized stocks should not be confiscated. Petitioner also states that he will file his explanation to the said show cause notice, within a period of 10 days from today. Though the seizure itself is questioned, with regard to the allegation of variation in stocks alleged against the petitioner, it is a matter for inquiry by the authority under Section 6-A of the Act. When the inquiry is pending before the competent authority, it is not for this Court to declare the seizure itself as illegal. As it is stated that the show cause notice under Section 6-B of the Essential Commodities Act is already issued and proceedings are pending before the Collector (Civil Supplies), and in view of the nature of allegations levelled against the petitioner, I deem it appropriate to dispose of the writ petition, with a direction to the 1st respondent-Collector (Civil Supplies), Karimnagar, to pass appropriate final orders in 6-A proceedings, pursuant to the show cause notice, dated 19th August 2010, issued in Proceedings No.G3/751/2010, within a period of six weeks from the date of receipt of a copy of this order. There shall be a further direction to the respondents not to sell the seized stocks till such final orders are passed. It is further made clear that if any damage is caused to the seized stocks, the petitioner is not entitled to claim any damages. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 30th August 2010 N.B: Furnish C.C. by 02.09.2010. (b/o) ajr