THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.19064 of 2011 Date: 08.07.2011 Between: Coromandel International Limited, Seetharampuram, Vijayawada, Rep.by their authorized signatory Sri B.N. Malleswara Rao. … Petitioner and The State of Andhra Pradesh, Department of Agriculture, Secretariat, Saifabad, Hyderabad, Rep.by the Principal Secretary and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.19064 of 2011 ORDER : Heard Sri B. Nalin Kumar, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Agriculture. Even though the petitioner has challenged the action initiated against it under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”) and the order of the 2nd respondent-District Collector and Magistrate, Guntur District, in E.C. Act Case No.36/2011-S7, dated 22.6.2011, as arbitrary, illegal and without jurisdiction, during the course of arguments, learned counsel for the petitioner seeks a direction to the 2nd respondent for expeditious disposal of the proceedings under Section 6-A of the Act. In view of the said submission, with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. The petitioner is a manufacturer of Fertilizers having its units at Visakhapatnam and Kakinada. On 8.2.2011, it dispatched 3,364 matric tons of fertilizers from its Kakinada unit for distribution/sale in Krishna District. A part of the said stock was purchased by A.P. State Marketing Federation and the balance stock of 1,887 metric tons was moved to different storage points, including the godown at Auto Nagar, Vijayawada. Out of the said stock, 950 metric tons was initially kept in the goods yard of Railway authorities. Due to non-availability of space, on the insistence of the Railway authorities, the stock was moved and stored in the godowns belonging to A.P. State Wearhousing Corporation at Tadepalli. 3. On 17.2.2011 the Fertilizer Inspector and Mandal Agricultural Officer (I/c), Tadepalli, inspected the said warehouse and found 19000 bags of fertilizers each containing 50 kgs belonging to the petitioner. After a preliminary enquiry, the said stock was seized under panchanama dated 5.3.2011. Based on a complaint filed under Section 6-A of the Act, the 2nd respondent issued show cause notice in E.C. Act Case No.36/2011-S7, dated 22.3.2011 under Section 6-B of the Act alleging that the petitioner stored the fertilizers unauthorisedly in the godown belonging to the A.P. State Warehousing Corporation and the petitioner was called upon to submit his explanation. It is stated that the petitioner filed his explanation dated 31.3.2011 contending that the fertilizers were stored in the godown in an emergency situation under the compelling circumstances without any intention to deal with the said stock clandestinely. The petitioner also sought to explain that appropriate application was made before the competent authority seeking inclusion of the said Warehouse as the authorized stock point of the petitioner. However, the 2nd respondent passed the impugned order in proceedings E.C. Act Case No.36/2011-S7, dated 22.6.2011 directing disposal 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 besides damage to the reputation of the petitioner company. The learned counsel further submits that subsequent to the seizure, on 8.4.2011 the petitioner, in fact, had obtained authorization from the competent authority in respect of the A.P. State Warehousing Corporation as its additional stock point. The learned counsel, therefore, submits that appropriate directions be issued to the 2nd 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 2nd respondent to conclude the enquiry proceedings initiated against the petitioner under Section 6-A of the Act pursuant to the show cause notice dated 22.3.2011 and pass appropriate orders in accordance with law as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Till finalisation of the enquiry proceedings, the seized stock 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 08.07.2011. NOTE:- Operative portion by wire at party’s cost. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.19064 of 2011 08.07.2011 (Msr)