IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17927 of 2009 Between: M/s.Seshadri Dall Industries, Tanduru Village & Mandal, Rangareddy District. . .Petitioner And The Collector, Ranga Reddy District and another .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.17927 OF 2009 ORDER: The petitioner filed this writ petition under Article 226 of the Constitution of India seeking a writ of Certiorari to call for the records of the respondent in 6-A case No.A7/611/2009, dated 17.08.2009 received by the petitioner on 25.08.2009 and quash the same. 2) The petitioner is having a valid licence to carry on business in Essential Commodities and the said licence was valid upto 31.08.2008. Pursuant to the issuance of the G.O.Ms.No.30, which was published in Andhra Pradesh gazette on 18.08.2008, the petitioner instead of asking for renewal of the said licence, gave an application dated 11.09.2008 requesting the authorities to issue fresh licence. In the interregnum, it appears that the 2nd respondent surprised the petitioner’s business premises, conducted a panchanama and seized the entire available stocks. Thereafter, on a report submitted by the 2nd respondent, the 1st respondent has initiated proceedings under Section 6-A of Essential Commodities Act and the petitioner was served with a show cause notice as provided under Section 6-B of the Essential Commodities Act on 25.07.2009. Aggrieved by the same, the petitioner filed a writ petition No.14542 of 2009 and this Court on 21.07.2009 disposed of the said writ petition with a direction to the authorities not to sell the seized commodities pending consideration of the proceedings initiated under Section 6-A of Essential Commodities Act. 3) Pursuant thereto, the District Collector passed an order confiscating the entire stocks seized on 12.07.2009. The said order of confiscation was passed on 17.08.2009 and the same is under challenge in this writ petition. 4) The main contention of the learned counsel for the petitioner Sri V.H.V.R.R.Swamy, is that the said order of confiscation is without notice. In the light of the said submission, this Court directed the learned Government Pleader to get instructions and also passed an interim order directing the respondents not to sell the seized stocks. 5) On instructions, the learned Assistant Government Pleader fairly conceded that there was no notice and the petitioner was not afforded an opportunity of personal hearing. 6) In the light of the said submission, this Court has no hesitation to come to the conclusion that the said order of confiscation dated 17.08.2009 is contrary to the procedure provided for under Section 6-A of Essential Commodities Act, apart from the violation of principles of natural justice. 7) Accordingly, the writ petition is allowed at the stage of admission and the order of confiscation dated 17.08.2009 in 6-A case No.A7/611/2009 on the file of the 1st respondent is hereby set aside. It is the grievance of the petitioner that though the respondent authorities issued a fresh licence, did not permit him to carry on the business. Hence, the respondents are hereby directed to permit the petitioner to carry on the business as per the terms and conditions of the licence and further the stocks seized on 12.07.2009 shall be ordered to be released in favour of the petitioner on a condition of his furnishing immovable property security equivalent to Rs.50,00,000/- (Rupees Fifty lakhs only). No order as to costs. ________________________ GOPALA KRISHNA TAMADA, J September 10, 2009 KSH