HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.19442 of 2010 Date: August 13, 2010 Between: M/s. Parthasarathy Raw & Boiled Rice Mill, Represented by its partner, Oggu Venkata- Srinivasulu, S/o. Subba Rayudu, aged about 55 years, Occ: business, R/o.Cumbum, Prakasam District … Petitioner And The Joint Collector (CS Wing), Prakasam District, Ongole, and another … Respondents Order: The petitioner questions proceedings Rc.CS.1/6 (A)/138/2010, dated 28-07-2010, issued by the first respondent-Joint Collector (CS Wing), Prakasam District, wherein he has ordered for sale of 200 quintals of rice, which was seized, by public auction and to remit the amount realized therefrom into Revenue Deposits. The petitioner, a Rice Mill, is also holder of FGL licence bearing No.316/PKM/FGL/2008 valid upto 30-09- 2010. It is stated that 200 quintals of rice was sent by the petitioner to Food Corporation of India, Ongole for giving levy on 13-07-2010 and when the authorities of FCI rejected the same on the ground that it is not of the desired quality, the said quantity of rice was being taken in a lorry for the purpose of re-polishing. It is the case of the petitioner that while the lorry reached Kandukur cross road, Singarayakonda town, the lorry was intercepted by the respondents-officials and on the ground that there were no supporting documents for undertaking such transportation, the stock of rice was seized along with the lorry. Learned counsel for the petitioner submits that the rice was being transported for the purpose of re-polishing as it was rejected by FCI and hence the transportation cannot be said to be illegal or unauthorized. The documents containing the endorsement made by FCI, to the effect that the rice is rejected due to poor quality, are relied upon by the petitioner in support of the claim that the rice in question was taken to FCI for levy and the FCI has rejected the same. Whether the stock of rice which is seized is the very same rice which was being taken to FCI for mill levy and whether the same was being transported to Kandukur for re-polishing on the endorsement made by FCI that it is of poor-quality, are matters which are in the domain of the first respondent, who is the competent authority under Section 6-A of the Essential Commodities Act, 1955 and it is for the said authority to consider the same and pass appropriate orders after conducting enquiry. Even before such an enquiry is conducted, this court cannot go into the merits of the matter and record any definite finding. In the circumstances, I deem it appropriate to dispose of the writ petition directing the first respondent, Joint Collector (CS Wing), Prakasam District, Ongole, to dispose of the proceedings pending under Section 6-A of the Act within a period of two months from today. There shall be a further direction to the respondents not to sell the stock of rice seized till appropriate orders are passed in the proceedings under Section 6-A of the Act. It is made clear that in the event of any damage to the stock of rice seized, the petitioner is not entitled to claim any damages thereon. The writ petition is accordingly disposed of. No order as to costs. ___________________ (R. SUBHASH REDDY, J) August 13, 2010 N.B. Communicate operative portion by WIRE at party’s costs. B.O. MRR