HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21542 of 2010 Date : 30.08.2010 Between : Manchala Sudhakar. …..Petitioner And The collector (CS), Karimnagar District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21542 of 2010 ORDER : The petitioner is a dealer in food grains and edible oils. He holds valid license to that effect, granted under the A.P. Scheduled Commodities (Licensing, Storage and Regulation) Order, 2008, a control order framed under the provisions of the Essential Commodities Act, 1955. The Tahsildar, Peddapalli, has inspected the petitioner’s shop on 7th of August 2010, and on the ground that there are variations in stocks when the book balances are compared with the actual ground balances, seized the available quantities of 22.00 quintals of rice, 12.50 quintals of sugar, 1795 kgs of oils, 9.50 quintals of Bengalgram and 1.50 quintals of Blackgram. In this writ petition, it is the case of the petitioner that allegations are made against him, without making proper verification of stocks and that there is also no basis for seizure of stocks from his shop. On the other hand, it is submitted by the learned Government Pleader appearing for respondents, that pursuant to the seizure, report is already submitted to the 1st respondent-Collector (Civil Supplies) for initiating proceedings under Section 6-A of the Essential Commodities Act, 1955, and thereafter, a show cause notice under Section 6-B of the Act is also issued to the petitioner on 17th of August 2010, in Proceedings No.G3/726/2010. It is further submitted that the inquiry is also posted for hearing on 18th of September 2010. I have perused the show cause notice, dated 17th August 2010, issued under Section 6-B of the Essential Commodities Act. When there is a clear allegation with regard to violation of Condition Nos.3, 4, 8 and 9 of the A.P. Scheduled Commodities (Licensing, Storage and Regulation) Order, 2008, it is a matter to be inquired into by the competent authority. When such inquiry is pending, there is no basis for the petitioner to seek for a declaration, declaring the seizure itself as illegal. As much as it is stated that a show cause notice, dated 17.08.2010, is already issued, calling for explanation of the petitioner, and also taking into account the nature of allegations made against the petitioner, I deem it appropriate to dispose of the writ petition, with a direction to the 1st respondent-Collector (Civil Supplies), Karimnagar District, to pass appropriate final orders within a period of six weeks from today. Till such final orders are passed, the seized stocks shall not be disposed of. At the same time, it is made clear that if any damage is caused to the seized commodities, the petitioner is not entitled to claim for 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: Order by wire at party’s costs. (b/o) ajr