IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20056 of 2009 Between: 1. M/s Deepti Enterprises, Muktiyar Gunj, Hyderabad, represented by its Proprietor Jitender Kumar Jain, S/o Late Chainsukh Jain, 41 years and another. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Consumer Affairs, Food and Civil Supplies (C.S.I) Department, Secretariat, Hyderabad and 2 others. .....RESPONDENTS THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.20056 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in seizing the stock of 100 quintals of Red Gram along with lorry bearing No.MH-23-1858 under panchanama dated 28.08.2009 on the allegation of non-furnishing of documents under the A.P. Sales Tax Act and also for alleged violation of Clause 3 (i) of A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008, as illegal and arbitrary and consequently sought for a direction to the respondents to release the seized stock along with lorry in favour of the petitioners without proceeding under Section 6-A of the E.C. Act. The petitioners are having valid licences under the A.P Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 to carry on business in pulses. It is stated that the petitioners have purchased 50 quintals each of Red Gram Dal from M/s Parakh Agro Industries Limited, Pune and the same was transported in a lorry bearing No.MH-23-1858. On 28.08.2009, the Assistant Supply Officer and the Deputy Tahsildar (CS), Sangareddy inspected the lorry and seized the stock as well as the lorry on the ground that the documents required under the A.P. Sales Tax Act and the way bill are not produced at the time of inspection. Pursuant thereto, on the basis of the report furnished by the said officials, the 2nd respondent initiated proceedings under Section 6-A of the Essential Commodities Act. Subsequently, the 3rd respondent passed an order dated 11.09.2009 directing the Deputy Tahsildar to dispose of the seized stocks at Rs.55/- per Kilo. Hence the present writ petition. Heard both sides. Now that the proceedings under Section 6A of the Essential Commodities Act are very much pending before the 2nd respondent, this Court is of the view that this writ petition can be disposed of without going into the merits of the case. The writ petition is accordingly disposed of with a direction to the 2nd respondent-District Collector to complete the proceedings pending before him under Section 6-A of the Essential Commodities Act 1955 and pass necessary orders thereon, within a period of eight weeks from today. Pending consideration of the said proceedings, the seized stocks shall not be sold. So far as the release of lorry bearing No.MH-23-1858 is concerned, it is always open to the owner of the said lorry to approach the 2nd respondent and file an application seeking release of the said lorry. No order as to costs. ___________________________ (GOPALA KRISHNA TAMADA, J) 18-09-2009 Gsn.