THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15796 of 2009 DATE:04.08.2009 Between: Nookala Uday Kumar and another ... Petitioners and The Joint Collector (CS), Karimnagar District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15796 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the order passed by 1st respondent in proceedings No.G3/1107/2009 in the month of July 2009 directing 2nd respondent to sell the seized stock of 1104.55 kgs of edible oil and auto bearing No.AP 25V 3800 thorugh public auction, as illegal and arbitrary. 2. Facts of the case, in brief, are that the 1st petitioner is doing business in purchase and sale of edible oils in whole sale and retail by obtaining due licence No.252/2008-09, under the Andhra Pradesh Schedule Commodities Dealers (Licensing, storage and Regulation) Order 2008. While so, on receipt of information that the 1st petitioner was illegally transporting edible oils, the Food Inspector, Siricilla, Karimnagar District - 3rd respondent on 02.07.2009 inspected an auto bearing No.AP 25V 3800 belonging to the 2nd petitioner, seized the same with the stock of edible oil on the ground that the driver of the auto has not produced any licence or permit for transporting the edible oil, under cover of a panchanama dated 02.07.2009, filed a case under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act') and later submitted a report to the Joint Colector (CS), Karimnagar District - 1st respondent, who, in turn, directed the Tahsildar, Siricilla Mandal - 2nd respondent to dispose of the seized stock in public auction, vide proceedings in G3/1107/09 in the month of July, 2009. As against the said proceedings, the petitioners approached the 1st respondent on 06.07.2009 and filed a petition seeking release of the seized stock as well as the auto, but the same was rejected. Aggrieved by the same, the petitioners filed this writ petition. 3. The learned counsel for the petitioner has submitted that being a whole sale dealer the petitioner is entitled to store up to 375 quintals of edible oil and he is having valid licence and permit to transport edible oil. However, without hearing the petitioner, the 3rd respondent seized the stock on the ground that the petitioner is carrying on clandestine business. 4. It may not be necessary for this Court, at this stage, to go into the aspect as to whether the petitioner is having valid licence to transport the edible oil or not. Now, as the matter was already reported to the 1st respondent and the 1st respondent is holding an enquiry under Section 6-A of the Act and taking into consideration the fact that the seized stock is perishable in nature and spoils if it is stored for a longer period, this Court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to complete the enquiry, as expeditiously as possible, and also to release the seized stock and the auto in favour of the petitioners, on condition of their furnishing bank guarantee. 5. Accordingly, this writ petition is disposed of, at the stage of admission, directing the Joint Collector, Karimnagar District - 1st respondent to complete the enquiry under Section 6-A of the Act, as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order and also to release the seized stock as well as the seized auto in favour of the petitioners, on condition of their furnishing bank guarantee in a sum equivalent to 50% of the seized stock. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 4th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.15796 of 2009 (Disposed of) 4th August, 2009 CBS