THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25796 of 2011 Date: 15.09.2011 Between: Shaik Hamid and another. … Petitioners and The Joint Collector (Civil Supplies), Karimnagar, Karimnagar District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25796 of 2011 ORDER : Heard Sri A. Prabhakar Rao, learned counsel appearing for the petitioners, as well as the learned Government Pleader for Civil Supplies appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. The 2nd petitioner is carrying on rice business in the name and style of M/s. Hari Hara Traders, c/o. Srirama Industries Modern Rice Mill, Madharam Village, Parkal Mandal, Warangal District. On 9.9.2011, while the 2nd petitioner was transporting rice in the lorry bearing registration No.MH 28B 7789 belonging to the 1st petitioner, the 3rd respondent-Deputy Tahsildar (Civil Supplies), Karimnagar District, seized the rice along with the vehicle under panchanama dated 9.9.2011 on the ground that the transportation of rice is not supported by any permit. Basing on a report submitted in that regard, the 1st respondent-Joint Collector (Civil Supplies), Karimnagar District, initiated proceedings for confiscation of the stock along with vehicle under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). Since it will take some time to conclude the enquiry initiated under Section 6-A of the Act and in the meanwhile, there is every likelihood of causing damage to the seized stock and the vehicle, the petitioners have filed the present writ petition seeking release of the seized rice along with the vehicle. 3. Learned counsel for the petitioners would submit that it will take some time to conclude the enquiry initiated under Section 6-A of the Act and, in the meanwhile, if the seized stock is not released, the 2nd petitioner would suffer grave and irreparable loss. Similarly, no useful purpose would be served by detaining the vehicle of the 1st petitioner any longer. He, therefore, submits that the 1st respondent be directed to finalise the enquiry proceedings within a time frame and, in the meantime, to direct not to dispose of the seized stock and also to release the vehicle on reasonable security. 4. Indisputably, the stock along with the vehicle was seized on 9.9.2011 and the proceedings under Section 6-A of the Act have been initiated against the petitioners. Therefore, the 1st respondent ought to have taken steps for expeditious disposal of the enquiry. 5. Under Section 6-A of the Act, any essential commodity seized for contravention of the provisions of the A.P. State Public Distribution System (Control) Order, 2008 and the vehicle used for carrying such commodity are liable to be confiscated. However, insofar as the vehicle is concerned, the second proviso to Section 6-A of the Act provides that in the case of any vehicle, which may be liable for confiscation, the owner of the vehicle shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity. 6. In the circumstances, I deem it appropriate to pass the following order: (i) The 1st respondent shall release the Lorry bearing No.MH 28B 7789 on condition of the 1st petitioner depositing a sum equivalent to the value of the seized stock as assessed by the 1st respondent and also on filing an undertaking that he will not transfer or alienate the vehicle in question till appropriate final orders are passed by the competent authority pursuant to the enquiry proceedings initiated under Section 6-A of the Act and he will produce the vehicle as and when required for the purpose of enquiry; (ii) The 1st respondent is also directed to conclude the enquiry and pass appropriate orders in accordance with law expeditiously, within a period of eight weeks from the date of receipt of a copy of this order; and (iii) Till final orders are passed in the enquiry, the seized stock of the 2nd petitioner shall not be sold or otherwise disposed of. 7. Subject to the above directions, the writ petition is disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 15.09.2011. NOTE: Issue C.C. by 16.9.2011. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25796 of 2011 15.09.2011 (Msr)