THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30652 of 2011 Date: 21.11.2011 Between: M/s. Sri Surya Traders … Petitioner and The District Collector, Vizianagaram. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30652 of 2011 ORDER : Heard Sri N. Siva Reddy, learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies appearing for the respondent. Having regard to the short relief sought for at the hearing not to sell the seized stock pending disposal of the enquiry by the respondent, with the consent of both the counsel the writ petition is being disposed of at the admission stage. 2. The petitioner claims to be the proprietor of M/s. Sri Surya Traders, situated at Bobbili, Vizianagaram District, and engaged in the business of kirana items. The Deputy Superintendent of Police, Vigilance and Enforcement along with the other officials inspected the business premises of the petitioner on 10.11.2011 and found that there are variations in the stocks when compared the ground balance with the stock register. Therefore, alleging contravention of the provisions of the Control Orders, the entire stock was seized under a panchanama dated 10.11.2011 and a report has been laid before the respondent- District Collector, Vizianagaram District, for initiation of an enquiry under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). Basing on the said report, the respondent initiated action for confiscation of the seized stock. It is stated that the petitioner approached the respondent by filing an application dated 14.11.2011 seeking release of the seized stock contending that the allegations are untrue and that the inspecting officials failed to verify the records properly. The grievance of the petitioner is that even though an application has been filed, the respondent has not taken up the same for consideration and is likely to dispose of the seized stock in the public auction and in which event, the petitioner would suffer grave and irreparable loss. Therefore, he filed the present writ petition stating that as an enquiry initiated under Section 6-A of the Act is pending before the respondent, in the meanwhile, if the seized stock is sold, he would suffer grave and irreparable loss. 3. Even though the petitioner has challenged the seizure of the stock, during the course of hearing, learned counsel for the petitioner submits that the petitioner is not guilty of the allegations made against him and he is prepared to participate in the enquiry and defend his case and in the meanwhile if the seized stock is sold, the petitioner would suffer grave and irreparable loss. The learned counsel, therefore, submits that the 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 Assistant Government Pleader for Civil Supplies has no objection for issuing such a direction. 5. I am not inclined to express any opinion on the merits of the case. It is true that once a report is laid alleging contravention of the provisions of the Control Order, the respondent is competent to initiate proceedings for eventual confiscation of the seized stock. In the instant case, the seized stock is not perishable in nature. However, 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, the writ petition is disposed of directing the respondent to complete the enquiry initiated under Section 6-A of the Essential Commodities Act, 1955 in pursuance of the panchanama dated 10.11.2011 and pass appropriate orders in accordance with law 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, the seized stock of the petitioner shall not be sold or otherwise disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 21.11.2011. NOTE: Issue C.C. by 22.11.2011. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.30652 of 2011 21.11.2011 (Msr)