IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23552 of 2008 Between: M/s. Balaji Rice Stores, 7-1-29, Mankammathota, Karimnagar, Rep by its Proprietor R. Srinivas, S/o. Venkatnarayana, Aged 40 years, Occ : Business, R/o. Mankammathota, Karimnagar. ..... PETITIONER AND 1 The Joint Collector, (Collector (CS)) Karimnagar. 2 The Tahsildar, Karimnagar. 3 The Assistant Grain Purchasing Officer, O/o. Dist. Supply Officer, Karimnagar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction more in the nature of Writ of Mandamus directing the Respondents 1 and 2 not to sell the stocks (1) Grade-A Rice 2.00 quintals (2) BPT Sona Masoori 72-75 Quintals all worth Rs. 1,84,775/- which were seized from the petitioner business premises on 22-10-2008 by the 3rd respondent along with his team alleging the contravention of Clauses 2K(1,2,4) of Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 pending disposal of the action of the Respondent No.1 and 2 in taking steps to sell the seized stocks in public auction or through public distribution system pending disposal of the 6-A enquiry without giving any opportunity to the petitioners to prove his bonafides is nothing but arbitrary and contrary to the true intent of provisions of the Essential Commodities Act 1955. Counsel for the Petitioner : MR. V.RAVI KIRAN RAO Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.23552 OF 2008 ORDER : This writ petition is ﬁled seeking a declaration that the action of the 3rd respondent in seizing the stocks namely (1) Grade-A Rice 20.00 quintals and (2) BPT Sona Masoori 72.75 all worth Rs.1,84,775/- under the cover of Panchanama, dated 22.10.2008 as arbitrary and illegal. Though various contentions have been raised by the petitioner assailing the seizure, since the enquiry under Section 6-A of the Essential Commodities Act, 1955 (for short, ‘E.C. Act, 1955’) is pending, without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the 1st respondent to proceed with the enquiry under Section 6-A of the E.C. Act, 1955 and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of receipt of this order. Till such time, there shall be stay of sale of the seized stock. No costs. ______________ G. ROHINI, J. Dt. 29.10.2008 gbs Note:- Operative portion by wire at party’s costs. (B/o) gbs