THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :30901 of 2010 ORDER: This writ petition is filed for a mandamus to set aside order dated 29.11.2010, whereby respondent No.1 directed disposal of 853 ltrs,. of Motor Spirit (MS) and 3562 ltrs., High Speed Diesel (HSD) seized from the petitioner’s filling station. I have heard Sri V.H.V.R.R Swamy, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. On the basis of inspection of the petitioner’s premises by the Civil Supplies Department, the above mentioned stock was seized on the allegations of adulteration and variation in the stocks. Proceedings under Section 6-A of the Essential Commodities Act,1955 (for short ‘the Act’) were initiated. Pending the said proceedings, the petitioner’s licence was suspended under Clause 28(2) of the A.P. Petroleum Products (Licensing & Regulation of Supplies) Order, 1980 (for short ‘1980 Order’). The petitioner averred that against the said order, he has filed an appeal, which is pending before the appellate authority. Be that as it may, by the impugned order, respondent No.1 has directed sale of the seized stock. The learned counsel for the petitioner submitted by sale of stock through another licensed dealer, his client will suffer irreparable injury as his client will be weaned away by the other licensed dealers through whom the stocks were directed to be sold. He further submitted that the Petroleum products not being subject to speedy and natural decay, respondent No.1 was not justified in directing sale of the seized stocks. The fact that the seized stock is not subject to speedy and natural decay cannot be denied. Having regard to the facts of the case, I am of the opinion that in the interest of justice, the seized stock shall not be sold till completion of the proceedings under Section 6-A. Accordingly, the respondents are directed not to sell the seized stock in pursuance of the impugned order dated 29.11.2010 till disposal of the proceedings under Section 6-A of the Act. Subject to the above directions, the writ petition is disposed of. As a sequel to dismissal of the main petition, W.P.M.P. No. 39305 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J DATE: 8th December, 2010 Note: Communicate the operative portion of the order by Wire at part’s costs. B/o pnb