THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18470 OF 2009 BETWEEN: M/s. Radhe Syam Oil Industries Rep. By its Proprietor Sri Padarthi Ramachandra Rao Petitioner And State of Andhra Pradesh Rep. By its Principal Secretary Food and Civil Supplies (CS-I) Department Secretariat, Hyderabad & 2 others. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.18470 OF 2009 ORDER: 1 The petitioner is a wholesale and retail licencee vide licence No.58/W&R/2009-10 issued by the third respondent and the said licence is in force. It is his grievance that though he is carrying on the business as per the terms and conditions of the said licence and also the provisions of the relevant Control Orders, the third respondent on 28.08.2009 seized the existing stocks of edible oils and edible oil seeds under the cover of a mediators report from his business premises on the ground that there are certain variations. Thereafter the third Respondent reported the same to the Collector, who, in turn initiated proceedings under section 6 A of the Essential Commodities Act. The said action is questioned in this Writ Petition. 2 Heard both sides. 3 Admittedly, the said seizure and submission of the report by the third respondent to the Collector was on 28.08.2009 and that the petitioner, instead of approaching the Collector and filing an application for appropriate relief, has straightaway approached this court and filed the present Writ Petition. 4 Now that the Collector is ceased of the matter and inasmuch as he had already initiated the proceedings under section 6 A of the Essential Commodities Act, the petitioner is hereby directed to approach the Collector and file an application within a period of one week from the date of receipt of a copy of this order seeking return of the property. On such application being filed by the petitioner, the Collector may pass appropriate orders within a period of three weeks thereafter. Till such application is decided, the stocks seized on 28.08.2009 from the petitioner, shall not be sold be way of public auction. 5 The Writ Petition is accordingly disposed of at the stage of admission. No order as to costs. --------------- 02.09.2009 kvsn