THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16768 of 2009 DATE:13.08.2009 Between: Teegala Venkata Ramanayya ... Petitioner and The District collector, Visakhapatnam District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16768 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in seizing food-grains, pulses and oils, under cover of mediators' report dated 03.08.2009, from his business premises at door No.27-21-7/1, Poorna market area, Visakhapatnam, as illegal and arbitrary, and consequently, to direct 1st respondent to release the seized stocks. 2. The case of the petitioner is that he is doing business in food-grains, pulses, etc. in the name and style of "M/s. Sri Balaji Traders" at door No.27-21-7/1, Poorna market area, Visakhapatnam, under a valid licence. While so, on 03.08.2009, the Assistant Supply Officer, Visakhapatnam District - 2nd respondent has inspected his shop, seized the available stocks therein alleging that there is variation of stocks, under cover of mediators' report dated 03.08.2009, and registered a case against him under Section 6-A of the Essential Commodities Act (for short 'the Act') and submitted the same before the Joint Collector, Visakhapatnam District - 1st respondent. Questioning the same, he filed an application before the 1st respondent on 06.08.2009 seeking release of the seized stocks, but the 1st respondent, without considering his application and passing any order thereon, is proceeding with disposal of the seized stocks. Aggrieved by the same, he filed this writ petition. 3. Heard the learned counsel for the petitioner and the learned Assisant Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that the 2nd respondent having inspected the business premises of the petitioner, without giving an opportunity to produce the relevant records, registers and licences, seized the stocks and that the 2nd respondent has not properly considered the provisions of the A.P. Scheduled Commodities Dealers (icensing, Storage and Regulations) Order, 2009. He further contended that though the petitioner filed a petition before the 1st respondent seeking release of the seized stocks, the 1st respondent has not passed any order thereon so far, and that therefore, prays to allow this writ petition. 5. Having considered the submissions made by both the learned counsel and having regard to the fact that the proceedings under Section 6-A of the Act have already been initiated by the 1st respondent, this court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to decide the 6-A proceedings, at the earliest. 6. Accordingly, this writ petition is disposed of, at the stage of admission, directing the 1st respondent to dispose of the proceedings under Section 6-A of the Act, within a period of eight (8) weeks from the date of receipt of a copy of this order. Till such time, the seized stocks shall not be sold. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 13th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16768 of 2009 (Disposed of) 13th August, 2009 CBS