HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.20920 of 2011 Date: 26-7-2011 Between Gujja Someshwar Rao … Petitioner and The District Collector (Civil Supplies), Warangal, Warangal district and 2 others … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.20920 of 2011 Order: Even though orders of the 1st respondent dated 19-7-2011 in ECAC No.44/2011/Rc.No.F1/838/2011, whereby the 1st respondent has ordered to dispose of the seized stock, is under challenge in this writ petition, in view of the short relief sought for during the course of hearing for a direction to conclude the enquiry itself, keeping sale in abeyance, this writ petition is disposed of with the consent of the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 2. The petitioner claims to be the Proprietor of M/s. Veerabhadra Industries, Wardhannapet village and Mandal, Warangal district. On 04-7-2011 the Grain Purchasing Assistant, Warangal along with the Deputy Tahsildars (CS), Narsampet, Cherial, Warangal and others inspected the rice mill of the petitioner and found certain variations in the stock of paddy, rice and broken-rice besides improper maintenance of the records. The inspecting staff thereupon seized the available stock consisting of paddy, rice and broken-rice and submitted a report to that effect to the 1st respondent for taking action under Section 6-A of the Essential Commodities Act, 1955 (‘the Act’ for short). Basing on the said report, the 1st respondent has issued a Show Cause Notice in ECAC No.44/2011/Rc.No.F1/838/2011, dated 19-7-2011, to the petitioner alleging that there was unaccounted stock of the said commodities besides improper maintenance of records. It has been alleged that the petitioner has contravened Clauses 16(1), 5, 7(a)(2), 16(2) and 7(b)(1) of the Andhra Pradesh Rice Procurement (Levy) Order, 1984 and Clause 18(2)(c) of the A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. It is stated that the petitioner has submitted an explanation to the said show cause notice denying the allegations made against him. Even as the 1st respondent has issued the show cause notice, he has passed the impugned order dated 19-7-2011 directing to dispose of the seized stock in open auction on the ground that the seized stock is subject to natural and speedy decay. 3. It is the case of the petitioner that the inspecting staff did not properly verify the physical stock by weighment and there was no shortage or any variation in the stock as alleged. Therefore, the seized stock is not liable for confiscation and if the stock is sold even before the enquiry is conducted, the petitioner will suffer grave and irreparable loss. It is stated that the petitioner will cooperate with the enquiry and the same may be directed to be completed within a time frame. 4. Even though the petitioner has denied the allegations, I am not inclined to consider the merits of the case. Admittedly, the 1st respondent has initiated proceedings by issuing a show cause notice dated 19-7-2011 under Section 6-B of the Act. The petitioner can as well participate in the enquiry and defend his case. As may be mentioned, the seized stock consists of paddy, rice and broken-rice and the said commodities by nature will not decay so soon, as perceived by the 1st respondent. 5. In the circumstances, the interest of justice would be met if the 1st respondent is directed to complete the enquiry and finalize the proceedings within a reasonable time frame. 6. In the above circumstances, I deem it appropriate to dispose of the writ petition directing the 1st respondent to conduct an enquiry and finalize the proceedings by passing appropriate orders in accordance with law in pursuance of the Show Cause Notice in EC.AC.No.44/2011/Rc.No.F1/838/2011, dated 19-7-2011, as expeditiously as possible, preferably within a period of 8 (eight) weeks from the date of receipt of a copy of this order. Until such order is passed, the seized stock shall not be sold. ___________________ NOUSHAD ALI, J. 26th July, 2011. Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.20920 of 2011 26th July, 2011. (Ak)