IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26554 of 2009 Between: M/s. Sri Ratnamala Thalli Oils, rep. by its Prop. Smt. Tateneni Sunitha. ..... PETITIONER AND The Joint Collector, West Godavari District, at Eluru and others. .....RESPONDENT(S) HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No.26554 of 2009 ORDER: The petitioner-M/s. Essar Oil Limited, Muthannaveedi village, Pedavegi Mandal, W.G.District, is carrying on business in selling oil products and having all the valid licenses issued under the A.P. Petroleum Products (Licence and Regulation Supply) Order, 1980. On the ground that the petitioner is selling the products of M/s. Indian Oil Corporation, the 3rd respondent-Assistant Grain Purchasing officer, Eluru, seized the stocks along with B-Form licence and other records, and a case has been registered against the petitioner as early as in the year 2005. On the basis of report of the 3rd respondent, the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for brevity ‘the Act’) had been initiated, and after two years i.e. on 01-12- 2007, a show cause notice has been issued by the 1st respondent-Joint Collector, West Godavari Ditrict at Eluru, calling for its explanation as to why the stocks shall not be confiscated. The petitioner offered its explanation and the matter is pending consideration. However, as no disciplinary action i.e. suspending or canceling its authorization has been initiated, the petitioner continued its business by making applications for renewing the licence on payment of necessary fee which is being accepted by the authorities concerned. But the licence is not renewed till today. However, the 3rd respondent on coming to know that the proceedings under Section 6-A of the Act are pending and the petitioner is carrying on business, issued the impugned notice, dated 18-11-2009, directing the petitioner not to run the business without having a valid B- Form licence issued by the 1st respondent. Hence, the petitioner approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 3. The learned Government Pleader for Civil Supplies, on instructions, submitted that the 1st respondent had completed the enquiry in the said proceedings initiated under Section 6-A of the Act and the orders are reserved. 4. It is really astonishing to note that the proceedings under 6-A of the Act that have been initiated in the month of December 2005 are not concluded even after four years. Further, the action of the respondents in not taking any disciplinary action against the petitioner and also accepting licence fee paid by the petitioner from time to time without renewing the licence, in my considered view, cannot be said to be correct. However, as the learned Government Pleader for Civil Supplies stated that the 1st respondent completed the enquiry and may pronounce the orders at any time, this Court is of the view that the writ petition can be disposed of with a direction to the 1st respondent. 5. Accordingly, the writ petition is disposed of at the stage of admission, directing the 1st respondent-Joint Collector, West Godavari, Eluru, to pronounce the orders in the proceedings initiated under Section 6-A of the Act on or before 31-12-2009. If for any reason, the orders are not passed by the 1st respondent, within the stipulated time, the respondents-authorities, especially, the 3rd respondent-Assistant Grain Purchasing Officer, Eluru, shall permit the petitioner to carry on its business in accordance with law. There shall be no order as to costs. ______________________ 14th December 2009 Note: Issue C.C. in two days. B/o KVR