HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17576 of 2010 Dated: 26-07-2010 Between: D.L.Prasad. … Petitioner And The Joint Collector, Kadapa & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17576 of 2010 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in not releasing the seized stock of 209.76 quintals of rice, as illegal and arbitrary, and also to declare the proceedings, dated 09.07.2010, issued by the 2nd respondent-Tahsildar in Ref.No.1(2)/2692/2010, as illegal and arbitrary. The business premises of the petitioner was inspected by the respondent-Authorities and it was found that he was storing 257 bags of Masoora rice, 123 bags of white speed rice and 57 bags of Nellore rice, totally 437 bags, in the premises bearing D.No.10/74. On the ground that he was storing the commodities without possessing valid license, the stocks were seized and based on the seizure report, proceedings are initiated under Section 6-A of the Essential Commodities Act, 1955. By the impugned order, directions were issued to sell the said stock in open auction in the presence of the District Supply Officer, and it is further observed that the sale proceeds shall be remitted to the revenue deposits, which shall be subject to the final orders to be passed in the proceedings initiated under Section 6-A of the Act. It is the case of the petitioner that he has purchased the commodities that have been seized from his premises, but he was not doing any business at all. He relies on the Form-B license, dated 09.07.2010, issued by the District Supply Officer, Kadapa, issued in reference No.29/2010-11. Even according to the petitioner, the inspection was made on 28.06.2010 and the license upon which the petitioner relies, is dated 09.07.2010, which was secured subsequently. With regard to the allegations levelled against the petitioner, it is a matter for inquiry by the respondents and as the stocks are ordered to be sold in public auction, no prejudice will be caused to the petitioner in case he succeeds in 6-A proceedings. For the aforesaid reasons, as much as the stocks are ordered to be sold in public auction with a specific direction to the District Supply Officer not to sell the same for less than the market value, I do not find any ground to interfere with the impugned proceedings. However, as already proceedings are initiated, I deem it appropriate to dispose of the writ petition, directing the respondents to complete the 6-A proceedings as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 26th July 2010 ajr