WP(C) 4195/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr AK Goswami, learned senior counsel for the petitioner and Ms H Phukan, learned GA, Assam. The subject matter of challenge in this writ petition is an order dated 17.9.2009 passed by the District Collector, Kamrup. By which certain quantities of rice seized from the petitioner were proposed to be sold in exercise of power s under section 6A(2) of the Essential Commodities Act, 1955, by auction sale. T he aforesaid quantities of rice in question were seized on 1.8.2009 by the Inspe ctor, FCS & CA, BI(EO), Assam, Ulubari, Guwahati-7, while he was conducting a se arch operation. Admittedly, the articles seized in the instant case is certainly subject to speedy and natural decay, inasmuch as, keeping in storage for longtime of su ch articles will not only reduce the quantity but it may also reduce the quality of the commodity. It is also in the public interest expedient to sell such comm odity at the prevailing controlled price or through public auction. In that view of the matter, the steps taken by the District Collector, K amrup, cannot be said to be unjust or improper and the action taken by the Distr ict Collector is well within the statutory jurisdiction. Accordingly, I am not i nclined to interfere with the impugned order. However, it is made clear that if the rice in question is put to public auction, the petitioner also be allowed t o participate in public auction, if he so desires. The writ petition stands disposed of.