THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29557 of 2011 Date: 08.11.2011 Between: M/s. Radha Rice Traders, Rep. by its Proprietor K. Kantha Prasad, Eswar Reddy Nagar, Kadapa. … Petitioner and The District Collector, Kadapa, Kadapa District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29557 of 2011 ORDER : Heard Sri Srinivas Polavarapu, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents. Even though the petitioner has challenged the action of the 2nd respondent- Tahsildar, Kadapa, Kadapa District, in seizing the stock under panchanama dated 14.7.2011 and the proceedings Ref.No.1(2)/1967/2011, dated 15.10.2011 of the 1st respondent- District Collector, Kadapa District, in directing to dispose of the seized stock to the cardholders, having regard to the short relief sought for by learned counsel for the petitioner at the hearing to direct the 1st respondent to dispose of the enquiry proceedings within a time frame, with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. The petitioner claims to be a trader dealing in rice in the name and style of M/s. Radha Rice Traders, having obtained a valid licence under the provisions of A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008. On 14.7.2011, the 2nd respondent along with his staff inspected the business premises of M/s. Surya Modern Rice Mill, situated in Door No.10/228, Mydukur Road, Proddutur, which is said to be belonging to the petitioner. On verification of the stock, it was revealed that there are variations in the stock of paddy and rice. Therefore, on the ground that the petitioner was dealing in rice meant for public distribution system, the 2nd respondent seized the said stock under a panchanama dated 14.7.2011 and submitted a report dated 15.7.2011 to the 1st respondent for eventual confiscation of the seized stock under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). The petitioner filed a petition dated 26.7.2011 before the 1st respondent seeking release of the seized stock. However, the 1st respondent, while declining to release the seized stock, passed the impugned order dated 15.10.2011 directing to dispose of P.D.S. rice to the cardholders and the other stock in the open auction. Challenging the said order, the petitioner has filed the present writ petition. 3. Learned counsel for the petitioner submits that the petitioner has not contravened the provisions of the said Control Order and has been conducting business in accordance with law. Learned counsel for the petitioner contends that the petitioner delivered some stock to the Food Corporation of India, which was declined to be received by the said Corporation on account of the poor quality of rice. Therefore, the allegation that the petitioner was dealing with the rice meant for public distribution system is incorrect. The learned counsel also submits that the petitioner is prepared to participate in the enquiry and defend his case and, in the meanwhile, if the seized stock is sold to the cardholders, the petitioner would suffer grave and irreparable loss. The learned counsel, therefore, submits that the 1st respondent be directed to dispose of the enquiry within a time frame and in the meanwhile not to sell the seized stock. 4. The learned Government Pleader has no objection for issuing such direction. 5. It is true that the stock was seized under panchanama dated 14.7.2011 and by virtue of the impugned order dated 15.10.2011, the said stock has been directed to be sold to the cardholders. Admittedly, an enquiry under Section 6-A of the Act is pending before the 1st respondent. In matters of this nature, the Statutory authorities are expected to pass orders expeditiously within a reasonable time. Since the enquiry initiated under Section 6-A of the Act is likely to take some time, in the meanwhile, if the seized stock is sold, it might cause grave and irreparable loss to the petitioner. 6. In the circumstances and also keeping in view the short relief sought for by the learned counsel for the petitioner at the hearing, the writ petition is disposed of directing the 1st respondent to complete the enquiry initiated under Section 6-A of the Essential Commodities Act, 1955 pursuant to the report dated 15.7.2011 and pass appropriate orders as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. Till conclusion of the said enquiry and final orders are passed by the 1st respondent, the seized stock of the petitioner shall not be sold or otherwise disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 08.11.2011. NOTE: Issue C.C. in one week. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29557 of 2011 08.11.2011 (Msr)