IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 15th DAY OF DECEMBER, 2009 W.P.No.27402 of 2009 Between: Venkateshwera Oil Merchant represented by its proprietor Nageshwer Rao ….PETITIONER(S) and The Joint Collector (CS), Adilabad District, Adilabad and another …RESPONDENT(S) HON'BLE MR JUSTICE R.SUBHASH REDDY W.P.No.27402 of 2009 ORDER: In this writ petition, the petitioner-Oil Merchant has questioned the notice dated 08.12.2009 issued by the 2nd respondent whereby the stock of 4150 Kgs of edible oil seized from the premises of the petitioner was offered to be sold in public auction. The undisputed facts of the case are that on 21.08.2009, the premises of the petitioner was inspected by the 2nd respondent and on the ground that the petitioner has violated the provisions of the A.P. Scheduled Commodities Dealers (Licensing storage & Regulation) Order, 2008, the aforesaid stock of oil was seized and proceedings under Section 6A of the Essential Commodities Act, 1955 (for short – ‘the Act’) were initiated. Consequent upon the seizure of the stock of edible oil from the premises of the petitioner, a show cause notice, dated 17.09.2009, under Section 6B of the Act, was issued to it to show cause as to why the seized stock should not be confiscated in favour of the Government besides imposing penalty and initiating criminal proceedings against it. In pursuance of the panchanama, the petitioner also submitted its explanation-dated 01.10.2009. While the matter stood thus, the 2nd respondent, pursuant to the show cause notice issued by the 1st respondent, issued a notice dated 08.12.2009 offering to sell the seized stock of 4150 Kgs of Edible oil in open auction and invited the intending purchasers, who are having edible oil license, to participate in that auction. From a perusal of the notice dated 17.09.2009, it appears that the 1st respondent has ordered for disposal of the stock of 4150 Kgs of edible oil seized from the premises of the petitioner and issued instructions to the 2nd respondent in that regard. The petitioner has questioned the very seizure itself on the ground that the permissible variation in the stock available is 5% and that, if it is calculated with the ground stock available, it comes to 21 Kgs and so there is no variation in the stock, if compared with the ground stock and the stock register. Since all these matters have to be considered by the 1st respondent – Joint Collector (CS) while passing final orders on the notice issued to the petitioner under Section 6A of the Act, taking into account that the seizure was effected as early as on 21.08.2009 and that the petitioner has already filed its explanation on 01.10.2009, pursuant to the show cause notice dated 17.09.2009 issued under Section 6B of the Act, I deem it appropriate that unless final orders are passed in the proceedings initiated against the petitioner under Section 6A of the Act, the stock of 4150 Kgs of edible oil seized from the premises of the petitioner shall not be sold. For the aforesaid reasons, I deem it appropriate to dispose of the writ petition directing the 1st respondent- Joint Collector (CS) to dispose of the proceedings initiated against the petitioner under Section 6A of the Act, as expeditiously as possible, preferably within a period of six weeks from today. Till such time, the seized stock of oil from the premises of the petitioner oil merchant shall not be sold. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. ________________________ R.SUBHASH REDDY, J 15th December 2009 CVRK