THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8530 of 2010 April 19, 2010 Between: Dhoniparthi Venkata Subba Rao, S/o.Venkata Subbaiah … Petitioner And The District Collector, Kadapa District (Civil Supplied Wing) And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8530 of 2010 ORDER: Petitioner is proprietor of Sri Sai Lakshmi Venkateswara Rice Mill, Porumamilla in Kadapa District. The rice mill was surprised by respondents 1 and 2 on 01.4.2010 and certain allegations of contravention of Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order 2008 (Control Order) and the conditions of licence thereunder. They seized 170 quintals of rice, 625.25 quintals of Kurnool Sona paddy, 120 bags of Vanapamula paddy, 600 bags of Jilakaramasuri paddy, 360 bags of Jilakaramasuri rice, 162 bags of broken rice and 185 bags of rice brawn. The stock seized was entrusted to a third party and the matter was reported to Joint Collector. It was also alleged that he was clandestinely involved in sale of rice meant of public distribution system. Petitioner made an application to Joint Collector for release of the stock. Though such application was made on 03.4.2010, even before the same could be considered, present writ petition is filed on 15.4.2010 challenging the seizure. The fact that the respondents have power to inspect a licensed dealer and seize the stock for alleged contraventions of the provisions of the Essential Commodities Act, 1955 (the Act), the Control Order and conditions of licence, cannot be denied. Whether there are contraventions or not and if so, whether the seized food grains are to be confiscated to the Government are the matters which are to be considered by the Joint Collector in the proceedings under Section 6-A of the Act after issuing mandatory notice under Section 6-B of the Act. Insofar as interim release of the seized stock is concerned, there is discretion to the Joint Collector either to order interim sale under Section 6-A(2) of the Act or order release. In exercise of jurisdiction under Article 226 of Constitution of India, ordinarily such release cannot be ordered even before the issue is considered by the Joint Collector. In view of the above, the writ petition is disposed of, observing that the petitioner may pursue his application before the District Collector (Civil Supplies)/Joint Collector, Kadapa. Liberty is given to petitioner to approach the first respondent with a copy of this order whereupon appropriate orders may be passed immediately by the said authority. The writ petition is accordingly disposed of. ______________ (V.V.S. RAO, J) April 19, 2010 NOTE: Dispatch order copy by 20.4.2010. (By order) YS