THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16526 of 2009 DATE:12.08.2009 Between: Dasari Gangaraju ... Petitioner and The District Collector, Visakhapatnam District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16526 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in seizing food-grains, pulses, etc. from his business premises bearing door No.6-63/3 and godown bearing No.6-63/4 situated at Tagarapuvalasa road, Pendurthi, Visakhapatnam District, as illegal and arbitrary, and consequently, to direct the 1st respondent to release the seized stocks. 2. The case of the petitioner is that he is proprietor of M/s. Surya Enterprises, Pendurthi, Visakhapatnam District and doing business in food-grains, pulses, etc. in whole sale and retail. Though he is doing the business, in accordance with the conditions of the licence, and maintaining all the relevant records, the Assistant Supply Officer, Visakhapatnam District - 2nd respondent has inspected his business premises bearing door No.6-63/3 as well as godown bearing No.6-63/4 situated at Tagarapuvalasa road, Pendurthi, Visakhapatnam District, on 03.08.2009, seized the stocks available in the shop and godown i.e. 16 quintals of redgram dal, 9.5 quintals of blackgram dal, 5 quintals of peas, 4.5 quintals of moosor dal, 100 kgs of greengram dal, 156 quintals of sugar and 47 quintals of rice, under a mediators' report dated 03.08.2009, alleging that there is variation of stocks when compared the ground balance with the book balance, and registered a case against the petitioner, under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). Immediately after seizure of the stocks, he filed an application before the 1st respondent on 06.08.2009 seeking to release the seized stocks, but the 1st respondent has not passed any order on his application, and, on the other hand, he is proceeding with the disposal of the seized stocks. Aggrieved by the same, he filed this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that the 2nd respondent has not properly verified the stocks and also not considered the ongoing sales at the time of inspection, that though the petitioner has filed an application before the 1st respondent on 06.08.2009 seeking release of the seized stocks, the 1st respondent has not passed any order thereon so far, and that the action of the 1st respondent in proceeding with the disposal of the seized stocks of the petitioner without considering his application, is illegal and unjust. 5. Having considered the submissions made by both the learned counsel and in view of the fact that the 1st respondent has initiated proceedings under Section 6-A of the Act, this Court is of the view that the 1st respondent be directed to complete the 6-A proceedings, within a period of eight (8) weeks from the date of receipt of a copy of this order, and till such time, the seized stock shall not be sold, by way of public auction. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 12th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16526 of 2009 (Disposed of) 12th August, 2009 CBS