THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8911 of 2010 April 22, 2010 Between: Garepelli Venkateshwarlu, S/o.Narayana … Petitioner And The Collector (Civil Supplies), Karimnagar District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8911 of 2010 ORDER: Petitioner statedly is dealer of Fair Price Shop (FPS) No.1207, Jammikunta Village in Karimnagar District. He filed instant writ petition seeking a writ of Mandamus declaring the action of respondents in initiating proceedings under Section 6A of Essential Commodities Act, 1955 (the Act) as illegal and arbitrary. He also seeks a declaration that the seizure of PDS rice (18.5 quntals) and kerosene (10 litres) on 11.4.2010 as illegal and arbitrary. Petitioner’s shop was inspected on 11.4.2009 by respondents 2 to 4. Petitioner alleges that at that time, he was not in the shop and he had gone to Hanamkonda to see his uncle, who was seriously ill and who died subsequently. He also alleges that inspecting party opened the shop from the backdoor and seized the essential commodities without physically verifying the stocks and stock register. In the Panchanama recorded on that day, it is alleged that the petitioner escaped from the spot after he was caught with PDS rice and that he was keeping the shop open for seven days in a month. Petitioner contends that inspection and seizure of rice and kerosene is arbitrary and illegal. Therefore while challenging the seizure of stock, he prayed for further direction to continue the petitioner as dealer. This Court heard counsel for petitioner and Assistant Government Pleader for Civil Supplies. Even according to the petitioner, the shop was inspected by the respondents 2 to 4 and report was submitted to the Collector (Civil Supplies)/Joint Collector, Karimnagar. If that be so, petitioner may have to await receipt of notice under Section 6B of the Act and submit explanation. If the proceedings under Section 6A of the Act go against him, he has even right of appeal under Section 6C of the Act. Insofar as the allegation that he was not allowed to continue as FPS dealer is concerned, he may approach the jurisdictional Revenue Divisional Officer for necessary redressal. The writ petition is filed to preempt competent authority from proceeding under Section 6A of the Act. The writ petition is misconceived and is accordingly dismissed. ______________ (V.V.S. RAO, J) April 22, 2010 YS