HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO. 4588 OF 2007 DATED: 08.3.2007 Between: S.Ramachandram .Petitioner and The District Supply Officer, Sangareddy and others …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO.4588 OF 2007 ORAL ORDER: The petitioner claims to be a farmer and that 100 bags of red gram, is his own produce, a product of his tillage. The Central Warehouse Godown at Siddipet was visited by the Civil Supplies Enforcement Wing on 17-02-2007 and the aforesaid quantity of the scheduled commodity was found stored at the Godown. On an allegation that the petitioner has unauthorisedly purchased and stored the scheduled commodity without a licence; in contravention of the AP Scheduled Commodities Control (Licensing and Distribution) Order 1982 (‘the 1982 Control Order’); and in contravention of the provisions of the Essential Commodities Act,1955, seized the stocks under a mediators report recorded on 22-02-2007. No formal proceedings under Sec.6-A of the Act have yet been initiated against the petitioner, to his knowledge. While so the Joint Collector Medak at Sangareddy by proceedings dated.28-02-2007 (not filed in the writ petition but placed for the perusal of this Court today asserting that the proceedings were served on the petitioner only last evening) in purported exercise of power and authority under Sec.6.A(2) of the Act directed interim disposal of the seized commodities belonging to the petitioner even before an order of confiscation is passed after due process. The reason recorded by the Joint Collector for this course of action is that “ the seized stock is of perishable in nature”. The reason recorded by the Joint Collector for exercising the power under Sec.6-A(2) of the Act is perverse and is not shown to be otherwise by the learned Government Pleader for Civil Supplies. Sec.6-A(2) of the Act confers a controlled power to order interim disposal. The limitations are specified in the provision. The competent authority is required to form an opinion in accordance with the statutory limits to his jurisdiction. In total disregard of the statutory discipline, the Joint Collector, Medak at Sangareddy has passed a vagrant order that the seized pulses are of perishable nature, which they are clearly not. For the aforesaid reasons and following the principles declared in the W.P.No.3761 of 2007, dated.27-02-2007 and for reasons alike the order dated.28-02-2007 (of the State of Andhra Pradesh represented by the Joint Collector, Medak at Sangareddy) is quashed insofar as the order directs interim disposal of the seized commodity belonging to the petitioner, seized on 17-02-2006 from the CWC godown, Siddipet. It is however open to the competent authority to pass a fresh and reasoned order duly recording an opinion in due recognition and fidelity to the provisions of the Sec.6-A(2) of the Act. Till then the seized commodities shall not be disposed of by way of an interim disposal order. The writ petition is disposed of as above at the stage of admission after hearing the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. _________________ GODA RAGHURAM,J 6th MARCH,2007 *TSNR/PVSN