THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24625 of 2011 Date: 02.09.2011 Between: K. Ragaiah and another. … Petitioners and The Joint Collector (Civil Supplies), Chittoor, Chittoor District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24625 of 2011 ORDER : Heard Sri P. Gangarami Reddy, learned counsel appearing for the petitioners, as well as the learned Government Pleader for Civil Supplies appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. The 1st petitioner claims to be an agriculturist. On 27.6.2011, while the 1st petitioner was transporting paddy in the lorry bearing registration No.AP 02T 7646 belonging to the 2nd petitioner, the Sub-Inspector of Police, Varadaiahpalem seized the paddy along with the vehicle under panchanama dated 27.6.2011. Basing on a report submitted by the 2nd respondent-Tahsildar, Varadaiahpalem Mandal, Chittoor District, in that regard, the 1st respondent-Joint Collector (Civil Supplies), Chittoor District, initiated proceedings for confiscation of the stock along with vehicle under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”) by issuing a show cause notice vide proceedings Roc.D1/748/2011, dated 12.7.2011. It is stated that the petitioners submitted an application before the 1st respondent seeking release of the stock along with the vehicle. As no orders are passed on the said application and in the meanwhile, the respondents are taking steps to dispose of the paddy, the petitioners have filed the present writ petition seeking release of the paddy along with the vehicle. 3. Learned counsel for the petitioners submits that the paddy is not liable for confiscation as the same was grown in his own land of the 1st petitioner. He also submits that it will take some time to conclude the enquiry proceedings initiated under Section 6-A of the Act and, in the meanwhile, if the seized stock is sold, the 1st petitioner would suffer grave and irreparable loss. Similarly, no useful purpose would be served by detaining the vehicle 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. 4. Indisputably, considerable time has elapsed eversince 27.6.2011 seizing the paddy along with the vehicle and the proceedings under Section 6-A of the Act have been initiated against the petitioner. It is true that the petitioners have approached the 1st respondent seeking release of the stock along with the vehicle. Therefore, the 1st respondent ought to have taken steps for expeditious disposal of the enquiry. 5. 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. 6. In the circumstances, I deem it appropriate to pass the following order: (i) The 1st respondent shall release the Lorry bearing No.AP 02T 7646 on condition of the 2nd petitioner depositing a sum equivalent to the value of the seized stock 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 expeditiously, 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. 7. Subject to the above directions, the writ petition is disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 02.09.2011. NOTE: Issue C.C. by 5.9.2011. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.24625 of 2011 02.09.2011 (Msr)