THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23718 of 2011 Date: 23.08.2011 Between: A. Pentaiah … Petitioner and The Collector (C.S.), Adilabad District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23718 of 2011 ORDER : Heard Sri D. Raghavulu, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents. Having regard to the short relief sought for by the learned counsel for the petitioner during the course of hearing, with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. This writ petition is filed challenging the order in 6A Case No.CS6/433/2011, dated 11.8.2011 passed by the 1st respondent-Collector (Civil Supplies), Adilabad District, directing the Tahsildar, Kowtala Mandal, Adilabad District, to dispose of the seized stock of the petitioner, as arbitrary and illegal. 3. The petitioner is a Fair Price Shop dealer of Shop No.22, Chintalamanepally Village, Kowtala Mandal, Adilabad District. On 1.8.2011, the Deputy Tahsildar (Enforcement), Kagaznagar, along with the Mandal Revenue Inspector, Kowtala, inspected the shop of the petitioner and detected certain variations in the stock of P.D.S. rice, sugar and kerosene and also found that the petitioner did not maintain the records properly. Accordingly, the said stock was seized under the cover of panchanama. The Tahsildar, Kowtala, submitted a report dated 1.8.2011 to the 2nd respondent- Revenue Divisional Officer, Asifabad, Adilabad District, for appropriate action. The 2nd respondent invoking the provisions of A.P. Public Distribution System (Control) Order, 2008 has issued a show cause notice in Rc.No.C/1249/2011, dated 6.8.2011, calling for the explanation of the petitioner. The matter has also been reported to the 1st respondent for appropriate action under the provisions of Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). The 1st respondent, while issuing show cause notice dated 11.8.2011 under Section 6-B of the Act, has passed the impugned order on the same day i.e., on 11.8.2011 directing interim disposal of the seized stock. Aggrieved by the same, the petitioner has filed the present writ petition for the aforesaid relief. 4. Learned counsel for the petitioner submits that the petitioner has not contravened any of the conditions of the authorization and that the variations found are marginal in nature. He also submits that the allegations against the petitioner do not warrant confiscation of the seized stock and if the stock is sold even before conclusion of the enquiry, the petitioner would suffer grave and irreparable loss. The learned counsel, therefore, submits that appropriate directions be issued to the 1st respondent for expeditious disposal of the enquiry proceedings under Section 6-A of the Act and pending finalisation of the said enquiry, not to dispose of the seized stock. 5. Indisputably, an enquiry under Section 6-A of the Act is pending against the petitioner. Therefore, I am not inclined to express any opinion on the merits of the case. It is always permissible for the petitioner to urge all the grounds in his defence in the said enquiry before the 1st respondent. It is true that by means of the impugned order, the 1st respondent directed for disposal of the seized stock. Needless to say that in matters of this nature, the Statutory authorities are expected to complete the enquiry proceedings expeditiously within a time frame in order to avoid hardship and damage to the parties. However, insofar as P.D.S. rice is concerned, there may be justification for the 1st respondent to direct for disposal of the said stock. The petitioner has no objection for the same. 6. In the circumstances, I deem it appropriate to pass the following order: (i) The respondents are permitted to dispose of the P.D.S. rice in pursuance of the impugned order dated 11.8.2011 passed by the 1st respondent; (ii) Insofar as the other commodities are concerned, the same shall not be sold or otherwise disposed of till completion of the enquiry proceedings initiated under Section 6-A of the Act; and (iii) The 1st respondent is directed to complete the said enquiry and pass appropriate orders in accordance with law as early as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. 7. Subject to the above directions, the writ petition is dispose of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 23.08.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.23718 of 2011 23.08.2011 (Msr)