HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21406 OF 2010 ORDER: Petitioner is a proprietor of M/s. Om Sankara Traders, which is a licensee under Fertilizers Control Order, 1985. 2. The Mandal Agricultural Officer, Yelamanchili, made an inspection along with Inspector of Police, Vigilance and Enforcement Wing, into the business premises of the petitioner on 11-08-2010 and on the ground that he has violated Clause 28(3) of the Fertilizers Control Order, 1985 and conditions of Form – B licence, seized the available stock of fertilizers viz., Khirbhco Urea (60 bags each weighing 50 Kgs.), Single Super Phosphate (390 bags each weighing 50 Kgs.) and 17-17-17 (194 bags each weighing 50 Kgs.). Subsequently, seizure was reported to the Collector and the Joint Collector, Visakhapatnam has passed orders dated 16-08-2010 authorizing the Mandal Agricultural Officer for disposal of the seized stocks. 3. In this writ petition, petitioner questioned the seizure of stocks and also the order dated 16-08-2010 issued by the Joint Collector. 4. When the matter is called, on instructions, it is submitted by the learned Government Pleader that stocks were already sold by the custodian of the same Sri K.V. Sathyanarayana to whom stocks were entrusted. 5. In view of the allegations made against the petitioner with regard to violation of provisions of the Fertilizers Control Order, 1985 particularly Clause 28(3) of the Control Order, it is a matter for enquiry by the competent authority under Section 6-A of the Essential Commodities Act (for short “EC Act”.) 6. In view of the above, this Court is of the view that there are no grounds to declare the seizure itself as illegal, at this stage. Further, with regard to subject matter of the validity of the order dated 16-08-2010, as the stocks are already sold, no direction can be granted with regard to disposal of the same. 7. As much as the stocks are already sold and a report is submitted to that effect, I deem it appropriate to dispose of the writ petition with a direction to respondent No.1 to complete the enquiry under Section 6-A of the EC Act as expeditiously as possible preferably within a period of four (4) weeks from the date of receipt of a copy of this order. The sale proceeds of the stocks sold shall be subject to final orders passed under Section 6-A of the EC Act. 8. Subject to above directions, the Writ Petition is disposed of. No order as to costs. ____________________ R. SUBHASH REDDY, J August 27, 2010. PV