THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.32561 of 2011 BETWEEN: 1. Yellanki, Viran Kumar and others. …. PETITIONERS And 1. The Collector (CS) Karimnagar District, Karimnagar and others. …. RESPONDENTS ORDER: Heard Sri K. Venumadhav, learned counsel for the petitioners and the learned Assistant Government Pleader for Civil Supplies and with their consent the writ petition is being disposed of at the admission stage. The 1st petitioner claims to be the owner of Samba Shiva Rice Depot, situated at Karimnagar and dealing in scheduled commodities and the 2nd petitioner is the clerk of the said Rice Depot. The 3rd petitioner claims to be the owner of the lorry bearing No.AP16X7484. The District Supply Officer (CS), Karimnagar, the 2nd respondent herein along with his team visited the business premises of the 1st petitioner on 30.11.2011 and seized the available stock consisting of rice including PDS rice under a panchanama dated 30.11.2011, alleging that the 1st petitioner is doing clandestine business without any licence. The lorry bearing No.AP16X7484 belonging to the 3rd petitioner was also seized as it was found loaded with PDS rice. It is stated that the 2nd respondent has laid a report before the 1st respondent for appropriate action of confiscation under the Essential Commodities Act, 1955 (for brevity ‘the Act’). It is stated that basing on the said report the 1st respondent has taken cognizance and the proceedings are pending. 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. 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 1st petitioner would suffer grave and irreparable loss. Similarly, no useful purpose would be served by detaining the vehicle of the 3rd 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. Indisputably, the stock along with the vehicle was seized on 30.11.2011 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. 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. In the circumstances, I deem it appropriate to pass the following order. i) The 1st respondent shall release the Lorry bearing No.AP16X7484 on condition of the 3rd petitioner furnishing bank guarantee for a sum equivalent to the value of the vehicle 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 as expeditiously as possible, preferably 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 1st petitioner shall not be sold or otherwise disposed of. Subject to the above directions, the writ petition is disposed of. No costs. _________________ NOUSHAD ALI, J 13th December, 2011. Js/Ak Note:- Issue C.C. by tomorrow. (B/o) Ak