HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18069 of 2010 Dated: 27-07-2010 Between: M.K.Chowdary. … Petitioner And The Joint Collector (CS), II, R.R. District & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18069 of 2010 ORDER: In this writ petition, the petitioner questions the seizure of 120.75 kgs of rice and 555 pockets of edible oil by conducting a panchanama on 23.07.2010, and seeks for consequential directions for release of the seized stocks. It is stated in the affidavit that the petitioner is Proprietor of Deepak Stores and is doing rice business in the premises bearing Door No.29-611 at Neredmet village of Malkajigiri Mandal in Ranga Reddy District. The business premises of the petitioner was inspected by the respondents on 23.07.2010, and they have seized the aforesaid stocks mainly on the ground that the petitioner is doing business without possessing valid license under the Food Grain Dealers (License, Storage and Regulation) Order, 2008 and the seized commodities were given temporary custody to a fair price shop dealer. The seizure is questioned mainly on the ground that the petitioner has already applied for license to the licensing authority and his application is pending consideration. However, no particulars of application alleged to have been filed before the licensing authority, are given in the affidavit. In any event, even according to the petitioner, he did not possess license to deal in food grains. In that view of the matter, I do not find any ground to declare the seizure itself as illegal, at this stage, in this petition filed under Article 226 of the Constitution of India. If the petitioner is having any objection with regard to seizure and confiscation, he can as well raise his objections in the 6-A proceedings pending before the 1st respondent- Joint Collector. In any event, in view of perishable nature of commodities, if the stocks are to be disposed of, they shall be disposed of only by way of public auction and sale proceeds shall be deposited in the Government account, which will be subject to final orders to be passed in 6-A proceedings. It is further directed that the respondents shall complete the 6-A proceedings as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. The sale proceeds of seized stocks shall be subject to final orders to be passed in 6-A proceedings. If any application of the petitioner for grant of license is pending, it is open for the licensing authority to consider the same and pass appropriate orders thereon. Subject to the aforesaid directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th July 2010 ajr