THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20741 of 2010 ORDER: In this writ petition, the petitioner seeks direction by way of a mandamus to declare the order dated 30.07.2010, passed by the first respondent-Joint Collector and Additional District Magistrate, Guntur, as illegal and arbitrary. The petitioner is a dealer carrying on the business of fertilisers in the name and style of M/s Rajyalakshmi Fertilizers. When the petitioner was transporting 18 MTs of 28:28:0 of complex fertilizers in a lorry bearing No.AP TY 6777, the same was seized on the ground that transportation was not supported by valid documents. Based on the seizure report, the first respondent has initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) by recording a finding that the seized stock is subject to speedy and natural decay and ordered for sale of the seized commodity and to remit the sale proceeds under the revenue deposits. In this writ petition, it is submitted by the learned counsel for the petitioner that though there were valid documents in support of transportation and the petitioner is authorised dealer, there is no reason for seizing the commodity of fertilizers. It is further submitted that without giving any opportunity to the petitioner to approach the authority concerned, the impugned order is passed. Even according to the petitioner, he has not moved any application before the first respondent giving explanation for the allegations levelled against him. No reason is forthcoming from him for not moving the first respondent in spite of the fact that seizure was effected as early as on 23.07.2010. Further, it is the case of the petitioner that the impugned order of disposal of the stock was issued without giving opportunity to him. In the circumstances, I deem it appropriate to dispose of the writ petition permitting the petitioner to make a representation before the first respondent for release of the seized stocks, explaining the violations alleged against him. In that view of the matter, the writ petition is disposed of permitting the petitioner to file a representation for release of the seized stocks within a period of two weeks from today. On filing such a representation, the first respondent shall consider the same and pass appropriate orders. Till such representation is considered and appropriate decision is taken, and communicated to the petitioner, the seized stock shall not be sold. It is also made clear that if no representation is submitted by the petitioner within a period of two weeks from today, it is for the respondents to take further steps in accordance with the impugned order dated 30.07.2010 vide E.C.Act Case No.227/2010-S7. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. R.SUBHASH REDDY, J Date: 23.08.2010 Note: Issue CC in two days B/o. va