THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23602 of 2011 Date: 20.08.2011 Between: Parvathaneni Ramakrishna … Petitioner and The Collector and District Magistrate, Guntur, Guntur District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23602 of 2011 ORDER : Heard Sri K. Srinivas, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. This writ petition is filed challenging the order in E.C. Act Case No.146/2011-S7, dated 16.8.2011 passed by the 1st respondent-Collector and District Magistrate, Guntur District, directing the 2nd respondent-Tahsildar, Dachepalli Mandal, Guntur District, to dispose of the stock seized from the petitioner premises, as arbitrary and illegal. 3. The petitioner is engaged in Partnership business dealing with rice in the name and style of Sri Sai Venkataramana Rice Mill (Trading), Nadikudi Village, Dachepalli Mandal, Guntur District. On 24.7.2011, the Civil Supplies Deputy Tahsildar (C.S.D.T.), Piduguralla, inspected the petitioner’s rice mill and found a lorry bearing No.AP 16T 1866 unloading the rice meant for public distribution system. He also found variation in the stock and accordingly seized the available stock of 77 quintals of P.D.S. rice, 11,235 quintals of paddy, 646 quintals of rice, 475 quintals of brokens and 100 quintals of brawn. Based on a complaint filed under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”), the 1st respondent issued show cause notice in E.C. Act Case No.146/2011-S7, dated 11.8.2011 under Section 6-B of the Act calling upon the petitioner to submit his explanation. Even before submission of the explanation and without considering the application dated 26.7.2011 filed by the petitioner seeking release of the seized stock, the 1st respondent has passed the impugned order in E.C. Act Case No.146/2011-S7, dated 16.8.2011 directing the 2nd respondent to dispose of the seized stock pending enquiry under Section 6-A of the Act. Aggrieved by the same, the petitioner has filed the present writ petition. 4. Learned counsel for the petitioner, while reiterating the aforesaid facts, submits that if the seized stock is disposed of pending enquiry, it would cause irreparable loss to the petitioner. The learned counsel, therefore, submits that appropriate directions be issued to the 1st respondent for expeditious disposal of the enquiry proceedings under Section 6-A of the Act and pending finalisation of the said proceedings not to dispose of the seized stock. 5. Indisputably, an enquiry under Section 6-A of the Act is pending against the petitioner. Therefore, I am not inclined to express any opinion on the merits of the case. In matters of this nature, no purpose would be served in keeping the enquiry pending for a long time. The Statutory authorities are expected to complete the enquiry proceedings expeditiously within a time frame in order to avoid hardship and damage to the parties. 6. Having regard to the said submission and also keeping in view the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the 1st respondent to conclude the enquiry proceedings initiated against the petitioner under Section 6-A of the Act pursuant to the show cause notice dated 11.8.2011 and pass appropriate orders in accordance with law as early as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Till conclusion of the enquiry proceedings, the seized stock of the petitioner shall not be sold or otherwise disposed of. 7. Subject to the above directions, the writ petition is disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 20.08.2011. NOTE:- Issue C.C. today. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23602 of 2011 20.08.2011 (Msr)