IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 298 of 2009 Between: M/s Srimatha Rice Depot, 2-3-168, Kaman Road, Karimnagar, rep. by its Proprietor Yamsani Srinivas S/o. Kailasam R/o. Ashoknagar, Karimnagar. ..... PETITIONER AND 1 The Collector (CS) Karimnagar. 2 The Tahsildar, Karimnagar. 3 The Inspector of Police, Vigilance and Enforcement, Karimnagar. 4 The Assistant Grain Purchasing 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 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 namely (1) B.P.T. Rice 89-75 quintals (2) Swarna Masori Rice 100.00 quintals (3) Super Ratna Rice 80-00 Quintals and (4) HMT Rice 50-00 all worth Rs.5,70,500/- which were seized from the Petitioner business premises on 6.1.2009 by the Respondents 3 and 4 alleging the contravention of Clauses 2 K (1) (2) (2) and (4) and Conditions 3, 4, 8 (1) (2) and (9) of Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 pending disposal of the 6-A enquiry on the file of the 1st Respondent by duly declaring the action of the Respondents 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 petitioner to prove his bonafides is nothing but arbitrary and contrary to the true intent of provisions of the Essential Commodities Act, 1955 and pass such further or other orders. Counsel for the Petitioner: MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.298 OF 2009 ORDER: This writ petition is filed seeking writ of mandamus directing respondents 1 and 2 not to sell the stocks, namely, (1) B.P.T. Rice 89-75 quintals, (2) Swarna Masori Rice 100.00 quintals, (3) Super Ratna Rice 80.00 quintals and (4) HMT Rice 50.00 all worth Rs.5,70,500/-which were seized from the petitioner business premises on 6.1.2009 by respondents 3 and 4 alleging the contravention of Clauses 2K(1)(2) (2) and (4) and Conditions 3, 4, 8 (1) (2) (9) of Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 pending disposal of 6-A enquiry on the file of the 1st respondent by duly declaring the action of respondents 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 petitioner or prove his bonafides is nothing but arbitrary and contrary to the true intent of provision of the Essential Commodities Act, 1955. 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. ________________ V.ESWARAIAH, J. 12.1.2009 kpr