HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO. 4661 OF 2007 DATED: 08.3.2007 Between: Ch.Srinivas Reddy and another .Petitioners and The District Supply Officer, Sangareddy and others …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO.4661 OF 2007 ORAL ORDER: The two petitioners claim to be farmers and that 100 bags of red gram, is their own produce, a product of their tillage. The Central Warehouse Godown at Siddipet was inspected by the Civil Supplies Enforcement Wing on 20-02-2007 and the aforesaid stocks of the scheduled commodity was found stored. On an allegation that the 1st petitioner has unauthorizedly purchased and stored the scheduled commodity without a licence; in contravention of the provisions of the AP Scheduled Commodities Control (Licensing and Distribution) Order 1982 (‘the 1982 Control Order’); and of the provisions of the Essential Commodities Act,1955, seized the stock under a mediators report recorded on 20-02-2007. No formal proceedings under Sec.6-A of the Act have yet been initiated against the petitioners to their knowledge. While so the Joint Collector Medak at Sangareddy by an order 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) has in purported exercise of power and authority under Sec.6.A(2) of the Act directed interim disposal of the seized commodity belonging to the petitioners 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 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 negligent 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, Medakat Sangareddy is quashed insofar as the order directs interim disposal of the scheduled commodities belonging to the petitioner seized on 20-02-2006 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 8th MARCH,2007 *TSNR/PVSN