IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 16157 of 2009 Between: Mukka. Pavan Kumar, S/o. Kanthaiah, Owner of M/s. Surya Traders, Metpally proper and Mandal, Karimnagar District. ..... PETITIONER AND 1 The Collector (CS) Karimnagar District, Karimnagar. 2 The Joint Collector (CS) Karimnagar District, Karimnagar. 3 The Assistant Supply Officer, Jagtial Division, Jagtial, Karimnagar District. 4 The Tahsildar, Metpally Mandal, Metpally, Karimnagar District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of the writ of mandamus or any othr writ order declaring the action of the respondent No. 3 in sezing the stock of 1) BPT paddy 25 Kgs X 75 Kg = 60 quintals, Value Rs. 72,000/- 2) BPT Rice 30 Kgs X 50 Kgs = 15.00 quintals, Value Rs.30,000/- total value of Rs. 1,02,000/- through a panchanama dated 5-6-2009 and issuing auction notice by the respondent no. 4 dated 29-7-2009 in proceedings No. A/460/2009 without considering the petition filed by the petitioner dated 6-7-2009 before the respondents 1 and 2 for release and not to sell the said seized stock is arbitrary, illegal, null and void and violative of principles of India, consequently direct the respondents to release the said seized stock and not to sell the said seized stock until the disposal of the 6-A proceedings Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : ORDER : The petitioner filed this writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the respondent No.3, in seizing the stock of 60 quintals of BPT paddy, 15 quintals of BPT rice through a panchanama dated 05.06.2009 in proceedings No.A/460/2009 without considering the petition filed by the petitioner dated 06.07.2009 before the respondents 1 and 2 for release and not to sell the said seized stock, is arbitrary and illegal and consequently to direct the respondents to release the said seized stock and not to sell the said stock until the disposal of proceedings under Section 6-A of Essential Commodities Act. The petitioner herein is the owner of M/s.Surya Traders, Metpally, having a valid Food Grains Licence No.G4/132/2009 issued under the Andhra Pradesh Food Grains Control Order and in accordance with the terms of the said licence he is carrying on business in paddy and rice. On 05.06.2009 the 3rd respondent visited the business premises of the petitioner and seized the stocks worth Rs.1,02,000/- on the ground that the petitioner violated the rules of Andhra Pradesh Schedule Commodities Control Order, 2008 and reported the matter to the District Collector who in turn initiated proceedings under Section 6-A of Essential Commodities Act. However, as the District Collector opined that the stocks are perishable in nature, ordered for sale of the same by conducting an auction. The same is questioned in this writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. Having considered the submissions, this Court is of the view that this writ petition can be disposed of at the stage of admission, directing Respondent No.1 to complete the proceedings initiated against the petitioner under Section 6-A of Essential Commodities Act as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. Till such time, the seized stocks shall not be sold. With the above directions, the Writ Petition is disposed of at the stage of admission. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J August 6, 2009 KSH