THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.26307 OF 2008 BETWEEN: 1. M/s Sri Karthikeya Traders, Kirana and Genral Stores, Mandadi Village, Veldurthi Mandal, Guntur District, rep. by its Pro: Sri S. Eswara Reddy S/o. Sri S. Brahma Reddy, and another. …. PETITIONERS And 1. The Collector (Civil Supplies), Nizamabad District, Nizamabad, and others. …. RESPONDENTS Counsel for petitioners: Sri Nagireddy Bareddy Counsel for respondents: G.P. for Civil Supplies The Court made the following order: ORDER: 1. The petitioner, claiming to be conducting business of trading in general stores in Mandadi Village, Veldurthi Mandal, Guntur District, filed this writ petition to declare the action of the respondents in seizing the lorry bearing registration No.MH-29-T-130 along with 170 quintals of raw rice, and initiating proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) and the order in proceedings No.CS6/1195/08 dated 21.11.2008 of the Joint Collector whereby the Tahsildar, Navipet was directed to dispose of the seized stock in public auction. 2. The Grain Purchasing Assistant, Nizamabad, seized the lorry bearing No.MH-29-T-130 containing 170 quintals of rice on 13.11.2008 while illegally transporting without release certificate. A report dated 14.11.2008 to the said effect was filed by the Grain Purchasing Assistant before the Joint Collector, Nizamabad, the second respondent herein, and basing on the same, proceedings under Section 6-A of the Act have been initiated. The Joint Collector thereupon, issued show cause notice dated 21.11.2008 under Section 6-B of the Act and by a separate order dated 21.11.2008 the Tahsildar, Navipet was directed to dispose of the seized stock in public auction. 3. It may be mentioned that confiscation proceedings have already been initiated for violating Clause 7(a) of the A.P. Rice Procurement (Levy) Order, 1984. Therefore, it cannot be said that the initiation of proceedings is illegal. The petitioners may participate in the proceedings and defend their case. 4. This Court while admitting the writ petition, by order dated 2.12.2008, in W.P.M.P.Nos.34441 of 2008 and 34442 of 2008 granted interim directions for release of the seized stock as well as the vehicle subject to condition of the petitioners furnishing third party security to the satisfaction of the authorities. 5. The learned Government Pleader submits that the petitioners have not complied with the said interim order and hence the seized stock and vehicle have not been released so far. 6. In as much as the proceedings are pending, the petitioner is not entitled for the relief as sought for in the writ petition. However, I deem it appropriate to direct the second respondent to conduct enquiry and complete the proceedings already initiated pursuant to the show cause notice in case No.CS6/1195/08 dated 21.11.2008 as early as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. 7. The Writ Petition is disposed of as above. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 29th October, 2010 Js.