THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7225 of 2010 Dated:30.03.2010 Between: M/s.Vangari Srisailam Grains and General Merchant. …Petitioner and The Joint Collector (CS), Karimnagar District, Karimnagar, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7225 of 2010 ORDER: The petitioner is a licensed grain merchant. It obtained licence under the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 (the Control Order). The third respondent inspected the business premises of the petitioner on 20.03.2010. For alleged contravention of the Control Order under the provisions of the Essential Commodities Act, 1955 (the Act), 11.50 quintals of BPT rice, 24.50 quintals of Hamsa rice and 15.00 quintals of broken rice were seized under panchanama dated 20.03.2010. Aggrieved by the seizure of the stocks, the petitioner filed the instant writ petition. Any proceedings initiated under Section 6-A of the Act ordinarily commences from the inspection and seizure of the essential commodities from the shop of the licensed dealer. Such seizure is reported to the Joint Collector who may or may not issue a notice under Section 6B of the Act and pass an order of confiscation under Section 6-A of the Act. In this case that stage has not arisen. But the petitioner is aggrieved by the seizure of the commodities only on the ground that it has not contravened any of the provisions of the Control Order and the Act and that the stocks found in its shop were within the permissible limits. This is a matter which has to await enquiry. The petitioner also apprehends that pending such enquiry the Joint Collector might order interim sale under Section 6-A(2) of the Act. It is also a matter within the discretion, but such discretion has to be exercised keeping in view the fact that the seized commodity is subject to speedy decay or that it is otherwise expedient in the public interest to order interim sale of the seized commodities. A Division Bench of this Court in A.Siva Reddy v District Collector, Kurnool[1] has held that even when the Joint Collector orders interim sale under Section 6-A(2) of the Act a prior notice to the dealer has to be issued informing about such interim sale. Therefore, this writ petition is disposed of observing that the Joint Collector may issue notice to the petitioner in case it is decided that the seized commodities are to be sold in public interest. There shall be no order as to costs. _____________ (V.V.S.RAO, J) 30.03.2010 Note: Issue operative portion of the order by wire at party’s costs. B/o. vs [1] 2008 (6) ALD 1 (DB)