HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.17111 of 2010 Date: July 16, 2010 Between: M/s.Sri Nandeeswara Traders, D.No.15/485/5, Gosh Hospital Road, Adoni, Kurnool District, Represented by its Proprietor N. Somasekhar, S/o.N. Pedda Adenna, aged about 33 years, R/o.MIG-243, APHB Colony, Adoni, Kurnool District … Petitioner And The Joint Collector (FAC), Kurnool, Kurnool District, and two others ... Respondents Order: This Writ Petition is filed questioning the order dated 12-07-2010 passed by the first respondent, Joint Collector (FAC), Kurnool, Kurnool District, issued vide proceedings Rc.No.CS1/EC.No.43/2010. By the aforesaid order, directions were issued to the Mandal Agriculture Officer/A.D., Adoni, to dispose of the seized stock at market rate and deposit the sale proceeds under Revenue Deposits. The petitioner is a dealer in fertilizers and holds licence under Fertiliser (Control) Order 1985, a Control Order framed under the Essential Commodities Act, 1955 (for short ‘the Act’). A surprise check was conducted by the Vigilance and Enforcement Department along with the Mandal Agriculture Officer, Adoni, on 06-07-2010, in the premises of the shop bearing No.15/485/5, Gosha Hospital Road, Adoni Town and Mandal, Kurnool District and stock of fertilizers was seized, under a Panchanama, alleging that the same was stored unauthorizedly in the premises which was not licenced to store such stock. Further allegations are made with regard to variation in accounts. Thereafter, seizure of stock was reported to the first respondent-Joint Collector. The petitioner submitted representation dated 12- 07-2010, but the first respondent-Joint Collector, by the impugned order, ordered for disposal of the stock seized. It is submitted by learned counsel for the petitioner that an application has been filed by the petitioner for inclusion of the premises in question in the licence, on 23- 06-2010, and in the meanwhile check was exercised on 07-07-2010. As such, it is submitted that since the petitioner has already applied for inclusion of the premises in the licence, there is no violation on his part. The issues, namely variations in accounts and contravention of regulations alleged to have been made by the petitioner are matters of enquiry by the competent authority-Joint Collector in the proceedings pending under Section 6-A of the Act. As much as fertilizer is a perishable commodity, the first respondent ordered for sale of the stock, at market rate and to deposit the sale proceeds under Revenue Deposits. It appears, the said directions were issued with a view that, if the petitioner succeeds in the proceedings, he can claim the said amount back. The said action of the first respondent cannot be found fault with as much as if the stock is not disposed, the same would get damaged and cannot be distributed to needy agriculturists, in the present harvesting season; thereby defeating the very purpose itself. Hence, I find no illegality in the impugned order passed by the first respondent. However, as the seizure was effected on 07-07-2010 and the matter has already been reported to the first respondent-Joint Collector, I deem it appropriate to dispose of the writ petition directing the first respondent-Joint Collector to complete the proceedings under Section 6-A of the Act within a period of three months from the date of receipt of this order. It is made clear that the sale proceeds which are deposited in Revenue Deposits shall be subject to the orders to be passed in the proceedings under Section 6-A of the Act. The writ petition is accordingly disposed of. No order as to costs. ___________________ (R. SUBHASH REDDY, J) July 16, 2010 MRR