THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30300 of 2011 Date: 18.11.2011 Between: Jagadish Gillada … Petitioner and The District Collector (C.S.), Warangal, Warangal District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30300 of 2011 ORDER : Heard Sri A. Prabhakar Rao, learned counsel appearing for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for the respondents. Having regard to the short relief sought for at the hearing not to sell the seized stock pending disposal of the enquiry by the 1st respondent, with the consent of both the counsel the writ petition is being disposed of at the admission stage. 2. The petitioner claims to be one of the Partners of M/s. Gillada Modern Dal and Oil Mill, situated at Mahabubabad Village and Mandal, Warangal District, and conducting the business in pulses after obtaining valid licence under the provisions of Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 (for brevity “the Control Order”). Respondent Nos.2 and 3, namely the Assistant Supply Officer and the Deputy Tahsildar (CS), respectively, of Mahabubabad, Warangal District, inspected the petitioner’s Mill premises and found that there are variations in the stocks when compared the ground balance with the book balance. Therefore, alleging contravention of the provisions of the Control Order, the entire stock was seized and a report has been laid before the 1st respondent-District Collector (CS), Warangal District, for initiation of an enquiry under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). Basing on the said report, the 1st respondent initiated action for confiscation of the seized stock. It is stated that the petitioner approached the 1st respondent by filing an application dated 14.11.2011 seeking release of the seized stock contending that the allegations are untrue and that the inspecting officials failed to verify the records properly. The grievance of the petitioner is that even though an application has been filed, the 1st respondent has not taken up the same for consideration and is likely to dispose of the seized stock in the public auction and in which event, the petitioner would suffer grave and irreparable loss. Therefore, he filed the present writ petition stating that as an enquiry initiated under Section 6-A of the Act is pending before the 1st respondent, in the meanwhile, if the seized stock is sold, he would suffer grave and irreparable loss. 3. Learned counsel for the petitioner submits that the petitioner is prepared to participate in the enquiry and, defend his case and in the meanwhile, if the seized stock is sold, the petitioner would suffer grave and irreparable loss. The learned counsel, therefore, submits that the 1st respondent be directed to dispose of the enquiry within a time frame and in the meanwhile not to sell the seized stock. 4. I am not inclined to express any opinion on the merits of the case. It is true that once a report is laid alleging contravention of the provisions of the Control Order, the 1st respondent is competent to initiate proceedings for eventual confiscation of the seized stock. In the instant case, the seized stock is not perishable in nature. However, in matters of this nature, the Statutory authorities are expected to pass orders expeditiously within a reasonable time. Since the enquiry initiated under Section 6-A of the Act is likely to take some time, in the meanwhile, if the seized stock is sold, it might cause grave and irreparable loss to the petitioner. 5. In the circumstances, the writ petition is disposed of directing the 1st respondent to complete the enquiry initiated under Section 6-A of the Essential Commodities Act, 1955 and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Till conclusion of the said enquiry and final orders are passed, the seized stock of the petitioner shall not be sold or otherwise disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 18.11.2011. NOTE: Issue C.C. today. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30300 of 2011 18.11.2011 (Msr)