HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.31207 of 2011 Date: 28-11-2011 Between Kaki Bhaskara Rao … Petitioner and The Joint Collector, West Godavari district at Eluru and another … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.31207 of 2011 Order: Heard Smt. V.Padmaja Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents 1 and 2. 2. Orders of the Joint Collector, West Godavari district at Eluru, the 1st respondent herein, in Roc.No.CS.I/140/ECA/2011, dated 11-11-2011, by which the seized stock consisting of fertilizers and seeds from the custody of the petitioner has been directed to be sold in public auction, is under challenge in this writ petition. 3. The Mandal Agricultural Officer, Kamavarapukota Mandal, the 2nd respondent herein, along with the Assistant Director of Agriculture, Chintalapudi, inspected the premises of the petitioner and found the stock of fertilizers and seeds unauthorisedly. The petitioner admitted that he has not obtained any licence to do business in fertilizers and seeds. The 2nd respondent, therefore, seized the stock and submitted a report dated 20-10-2011 to the 1st respondent herein for eventual action of confiscation under the provisions of the Essential Commodities Act, 1955. On a consideration of the report, which alleged that the petitioner was dealing with the stock without licence, the 1st respondent, pending disposal of the confiscation proceedings, has directed to sell the seized stock by public auction and to deposit the sale amount in a nationalized bank. Aggrieved by the action so directed, the petitioner has filed this writ petition. 4. The petitioner while admitting that he has no licence, states that he is not doing any business, but he is holding the stock on behalf of the farmers of the village who were utilizing his services for procuring fertilizers and seeds. The stock does not belong to him, and therefore he pleads that the seized stock is not liable for confiscation. 5. The learned counsel for the petitioner submits that the petitioner is prepared to cooperate with the enquiry and defend his case. The learned counsel further submits that if the seized stock is sold even before the conclusion of enquiry, the petitioner will suffer grave and irreparable loss. It is, therefore, pleaded that the 1st respondent be directed to complete the enquiry and pass appropriate orders within a time-frame, with a further direction not to sell the seized stock in the meanwhile. 6. Whether the petitioner was holding the stock in his own right or whether it belongs to farmers, are all the disputed questions of fact, which the petitioner shall have to establish in the enquiry. This Court, therefore, cannot express any opinion on the said aspect in the matter. It is true that under the impugned order, the stock is directed to be sold and credit the amount in a bank. It is also true that if the enquiry goes in favour of the petitioner, sale of the seized stock would affect his interest. 7. In that view of the matter, I deem it appropriate to dispose of the writ petition, without expressing any opinion on the merits of the case, directing the Joint Collector, West Godavari district at Eluru, the 1st respondent herein, to conclude the enquiry and pass appropriate orders in accordance with law, as expeditiously as possible preferably within a period of 4 (four) weeks from the date of receipt of a copy of this order. Till orders are passed, the seized stock shall not be sold. 8. In view of disposal of the writ petition, the W.P.M.Ps. pending, if any, are dismissed as unnecessary. No costs. ___________________ NOUSHAD ALI, J. 28th November, 2011. Note:- Operative portion of the order by wire at party’s cost. (B/o) Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.31207 of 2011 28th November, 2011. (Ak)