IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5844 of 2008 Between: M.Ratnakumari W/o.M.Venkateswara Rao p/o. Sri Mahalakshmi Rice Mill, Gundugolanu, Denduluru Mandal, W.G. District. ..... PETITIONER AND 1 The State of A.P. rep. by Collector (Civil Supplies), Eluru, West Godavari District. 2 The District Supply Officer, Eluru, West Godavari District. 3 The Tahsildar, Dendulur, West Godavari District. .....RESPONDENTS Counsel for the Petitioner: MR.S.SREERAMACHANDRA MURTHY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following : Order: This Writ Petition is filed for a writ of Mandamus to declare the action of the respondents in initiating Section 6-A proceedings without issuing any notice, and seizing 146.5 quintals of rice on 11-03-2008, as illegal. Heard Sri S.Sriramachandra Murty, learned Counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. On 28-02-2008, the godown of the petitioner situated in premises bearing No.6-147-B, Singavaram Village, Dendulur Mandal, was inspected by the District Supply Officer, West Godavari District, Eluru, and it was found that the quantity of 146.5 quintals of rice was unauthorizedly stored by the petitioner, pending proceedings under Section 6-A initiated against him. It is alleged that the petitioner was carrying on illegal business by purchasing paddy from the farmers, by entering in form-B Register without getting Certificate from the Assistant Grain Purchasing Officer, Eluru, and without obtaining permission from the authorities concerned. It is also alleged that the action of the petitioner constituted violation of provisions of Clauses 3 and 4 of A.P.Rice Procurement (Levy) Order, 1984, and hence, the said stocks were seized and proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) were initiated. The Collector (Civil Supplies), West Godavari District, Eluru, passed order on 11-03-2008, whereby, he directed interim disposal of the seized stocks through public distribution system under Section 6-A (2) of the Act, pending disposal of the proceedings under Section 6-A of the Act. Assailing seizure and the said order, the present Writ Petition is filed. The main contention of the petitioner, as reflected in the averments contained in the affidavit filed in support of the Writ Petition, is that the State of Andhra Pradesh rescinded the A.P.Paddy and Rice Order, 1966, by G.O.Ms.No.79 dated 29-06-2005, and that therefore, in the absence of any restrictions on the movement of rice, the respondents have no jurisdiction to seize the stocks and order for their sale. However, the learned Assistant Government Pleader for Civil Supplies opposed this plea and stated that since the petitioner violated Clauses 3 and 4 of the A.P.Rice Procurement (Levy) order, 1984, the stocks are liable for seizure and confiscation. In as much as the proceedings under Section 6-A of the Act have already been initiated and are pending, I am not inclined to go into this issue raised by the petitioner. However, to balance equities between the parties, I deem it appropriate to direct the respondents to complete the proceedings under Section 6-A of the Act within a period of eight weeks from the date of receipt of a copy of this order. Till then, the respondents shall not sell the seized stock, if the same is not already sold. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.7608 of 2008 filed by the petitioner for interim relief is also disposed of as infructuous. _____________________ (C.V.NAGARJUNA REDDY, J) 18-03-2008 Note: Wire at party’s costs*- B/o LUR