IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NOS.14512 AND 14523 OF 2009 WRIT PETITION NO.14512 OF 2009: Between: M/s Sri Padmaja Rice Depot ...Petitioner and The Joint Collecotr and two others ...Respondents. WRIT PETITION NO.14523 OF 2009 Between: M/s Durga Rice Traders ...Petitioner and The Joint Collector and two others ...Respondents Counsel for the petitioners: Sri Venkateswara Rao Gudapati Counsel for the respondents: AGP FOR CIVIL SUPPLIES The Court made the following: 4 CVNR, J W.P.Nos.14512 and 14523 of 2009 COMMON ORDER: In both these writ petitions, raw rice belonging to the petitioners was seized on the ground of certain irregularities. By separate orders passed by respondent No.1 on 09.07.2009, the seized stocks were directed to be sold through public distribution system and sale proceeds be deposited pending proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”). At the hearing, Sri Gudapati Venkateswara Rao, learned counsel for the petitioners, submitted that copies of panchanamas, under which the stocks were seized, were not supplied to the petitioners. The learned Assistant Government Pleader for Civil Supplies placed before the Court the original record, which shows that the petitioners signed on the original panchanamas with endorsement that copies are received. Therefore, I do not find any merit in the contention of the learned counsel for the petitioners that copies of panchanamas were not served. The learned counsel, however, submitted that direction to sell the rice through public distribution system causes severe loss to the petitioners. I find force in this submission of the learned counsel. In the event of the petitioners succeeding in the proceedings under Section 6-A of the Act, they will incur heavy loss if the rice is sold at the subsidized price through public distribution system. Therefore, to that extent, impugned orders are modified with the direction to the respondents to sell the seized rice in public auction instead of through public distribution system. Appropriation of sale proceeds shall be subject to the result of the proceedings under Section 6-A of the Act. The writ petitions are, accordingly, disposed of. As a sequel to disposal of main petitions, WPMP Nos.19029 of 2009 and 19045 of 2009 in Writ Petition Nos. 14512 and 14523 of 2009 respectively filed by the petitioners for interim relief are disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 30th July, 2009 vrn