HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18714 of 2010 Dated: 03-08-2010 Between: G.L. Nagi Reddy & another. … Petitioners And The Joint Collector, Kadapa & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18714 of 2010 ORDER: In this writ petition, the petitioners have questioned the action of 1st respondent in not releasing the seized stock of 121.10 quintals of rice, and the further action of 2nd respondent in issuing proceedings in Ref.No.1(2)/2773/2010, dated 17.07.2010, ordering to distribute the said rice to the card holders through public distribution system, as arbitrary and illegal. On 26.06.2010, on reliable information that there was some illegal transportation of rice, which was meant for distribution through public distribution system, the Sub- Inspector of Police, Khazipeta, along with his staff, intercepted the lorry bearing No.AP-04-X-6869, which was being used for transportation of 259 bags of rice, and seized the same. It is the case of the respondents that the said rice was meant for distribution through public distribution system, as such, the seizure report is submitted to respondent No.1, who, by proceedings, dated 17.07.2010, ordered for disposal of said commodity to card holders through public distribution system. In this writ petition, it is the case of the petitioners that the rice, which was seized, was not meant for distribution through public distribution system, but the petitioners, who were agriculturists, have got hulled their paddy in the rice mill, and were shifting such rice to their houses. The allegation whether the petitioners were agriculturists and whether the rice seized is the result of their agricultural produce, is a matter to be inquired into in the proceedings initiated under Section 6-A of the Essential Commodities Act, 1955. When the matter is pending inquiry before the competent authority, this Court cannot entertain this writ petition to declare the very seizure itself as illegal. In any event, as the commodity is already disposed of through public distribution system, having regard to its perishable nature, if the petitioners succeed in 6-A proceedings, they are entitled to the sale proceeds. As the seizure was affected on 26.06.2010, I deem it appropriate to direct respondent No.1 to dispose of the 6-A proceedings as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 3rd August 2010 Note: Furnish C.C. in one week. (b/o) ajr