THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18813 of 2010 ORDER: In this writ petition, petitioners questioned the seizure of 455 groundnut bags on 12.07.2010 at Pottukottala, Kadiri Town of Anantapur District, effected by the second respondent - Assistant Director of Agriculture, Kadiri, Anantapur District, on the ground that the subsidized groundnut seed was stored unauthorisedly. On the said allegation and on the ground that nobody has claimed the commodity, which was seized, at the time of seizure, the matter was reported to the first respondent - Joint Collector, Anantapur, before whom, it is seized up for initiation of proceedings under the provisions of the Essential Commodities Act, 1955 (for short ‘the Act’). It is the grievance of the petitioners that as they are the commission agents, they have undertaken transportation of the groundnut seed from the farmers, to whom the said seed belongs to. It is their case that various farmers have collectively stored in the premises at Pottukottala before they could transport the same to their villages. It is their further case that there are no restrictions for such movement and the allegation of unauthorized storage is not correct. It is stated that they submitted a detailed petition before the first respondent on 17.07.2010 seeking release of the seized commodity and in spite of the same, it was not considered and on the other hand, the respondents are taking steps for disposal of the seized commodity by conducting public auction. When the matter came up for admission yesterday, it was adjourned to enable the learned Government Pleader for Revenue appearing for the respondents to get instructions. Today, on instructions, it is submitted by the learned Assistant Government Pleader for Revenue appearing for the respondents that there is already notice issued to auction the seized commodity by way of public auction on 04.08.2010. It is also submitted that no orders have been passed by the first respondent on the application filed by the petitioners. It is stated in the affidavit filed in support of the writ petition that the petitioners are commission agents and they filed petition before the first respondent on 17.07.2010 seeking release of the seized commodity on the ground that they were entrusted with the same by several farmers for transporting it to their respective villages. As much as no orders were passed by the first respondent on the claim of the petitioners for release of the seized commodity, this Court accepting the above said plea of the petitioners cannot declare the impugned seizure as prayed for at this stage. In any event, it is to be noticed that though the petitioners have submitted petition on 17.07.2010 seeking release of the seized commodity, so far, no orders have been passed. For the aforesaid reasons, I deem it appropriate to direct the first respondent to dispose of the petition filed by the petitioners as expeditiously as possible, preferably, within a period of two (2) weeks from today. The petitioners shall place before the first respondent a copy of their petition along with the order of this Court within a period of three (3) days from the date of receipt of a copy of this order. Until appropriate orders are passed on the petition filed by the petitioners, the proposed auction shall be deferred. It is made clear that in case the first respondent comes to the conclusion that the petitioners are not entitled to release, it is open to the respondents to proceed with the auction by fixing another date to dispose of the seized commodity. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 3rd AUGUST, 2010. Note: issue c.c. tomorrow. kvni