THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.19883 of 2009 Dated: 16.09.2009 Between: Damani Trading Company, Godavarikhani Rep. By its Proprietor Gaddam Satyanarayana And four others. Petitioners And The Joint Collector (CS) Karimnagar District, Karimnagar Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.19883 of 2009 ORDER: 1 The petitioners 1 to 4 herein are having valid licenses to carry on business in food grains. They engaged a lorry bearing No. MH 31 CB 7493 belonging to the fifth petitioner for the purpose of transport of certain quantities of Bengal Gram Dal and Red Gram Dal from Nagpur to their business premises at Godavarikhani. But, however, the vigilance officials intercepted the said vehicle and seized the entire stock including the said vehicle on the ground that the said transport is illegal. Thereafter, the matter was reported to the Joint Collector, who in turn initiated proceedings under section 6 A of the Essential Commodities Act, 1955. Apprehending that the stocks so seized from them may be sold, the petitioners 1 to 4 on the one hand, and seeking release of the said vehicle the petitioner No.5 on the other, have approached this court and filed the present Writ Petition. 2 Having regard to the fact that proceedings under Section 6 A of the Essential Commodities Act have already been initiated, and since the prayer itself is for a direction not to sell the stocks seized from the petitioners 1 to 4 during the pendency of the enquiry, this court is of the view that this Writ Petition can be disposed of with a direction to the Joint Collector to decide the said enquiry at the earliest. 3 Accordingly, this Writ Petition is disposed of at the stage of admission directing the First Respondent to complete the enquiry initiated under section 6 A of the Essential Commodities Act as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order. Till such time, the stocks seized from the petitioner shall not be sold by way of public auction. Further, having regard to the submission made by the learned counsel for the petitioners that the fifth petitioner is the owner of the lorry bearing No.MH 31 CB 7493, and he has nothing to do with the said case, but simply because the petitioners 1 to 4 engaged the said vehicle for the purpose of transport of the stocks from Nagpur to Godavarikhani, the said lorry was also seized. In that view of the matter, the lorry bearing No.MH 31 CB 7493 is ordered to be released in favour of the fifth petitioner on his furnishing third party security equivalent to the value of the stocks so seized and the fifth petitioner is hereby directed not to alienate the said vehicle in favour of third parties and he shall also give an undertaking before the Joint Collector that the said vehicle will be produced as and when required. No order as to costs. _________ 16.09.2009 kvsn