THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.28567 of 2010 DT.18.01.2011 Between: Bomma Madhu Kumar … Petitioner And The Collector (Civil Supplies), Khammam and others … Respondents Counsel for the Petitioner: None appeared Counsel for respondents: AGP for Civil Supplies The Court made the following ORDER: ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.2 in seizing 1828.20 qutls. of rice, 91 qtls. of paddy and 124.03 qtls. of broken rice under panchanama, dated 24.10.2010, and not disposing of petitioner’s representation, dated 27.10.2010, as illegal and arbitrary. The petitioner sought for a direction to the respondents to release the seized stocks. At the hearing, there is no representation for the petitioner. No counter affidavit is filed on behalf of the respondents. I have heard the learned Assistant Government Pleader for Civil Supplies representing the respondents. On 19.11.2010, this Court adjourned the case to enable the petitioner to file a better affidavit. A perusal of the record does not show that such an affidavit is filed. Be that as it may, the facts pleaded by the petitioner show that the above-noted stocks were seized from his possession on the ground of violation of the provisions of the Essential Commodities Act, 1955 (for short ‘the Act’) and the relevant Control Order made thereunder. The grievance of the petitioner is that his representation for release of the seized stocks is not being disposed of by respondent No.1. In my opinion, respondent No.1, who exercises the statutory functions under the provisions of the Act, is required to consider the representation and dispose of the same in accordance with law before taking a decision on the disposal of the seized stocks. The learned Assistant Government Pleader for Civil Supplies submitted that in view of pendency of the present writ petition, the petitioner’s representation has not been disposed of. In the light of the above submission, the writ petition is disposed of with the direction to respondent No.1 to dispose of the petitioner’s representation, dated 27.10.2010, in accordance with law and communicate the order to the petitioner, within a period of four weeks from the date of receipt of the order. It is needless to observe that till such exercise is completed, the seized stocks shall not be sold. As a sequel to disposal of the writ petition, W.P.M.P.No.36444 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date:18.01.2011 VGB