THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3396 of 2011 Date:15.02.2011 Between: M/s. Sreedharala Nookaraju & Brothers, Visakhapatnam ..... Petitioner AND The Collector, Visakhapatnam and another .....Respondents Counsel for the Petitioner: Sri B. Devanand Counsel for Respondents: Assistant Government Pleader for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in seizing various varieties of pulses from the petitioner’s premises under mediators’ report dated 07.02.2011 as illegal. I have heard Sri B. Devanand, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. On 07.02.2011, respondent No.2 along with the Inspector of Police, Vigilance and Enforcement, Visakhapatnam, inspected the petitioner’s business premises and seized the stocks of 153.25 quintals of red gram, 214 quintals of yellow gram, 47.50 quintals of black gram, 39.50 quintals of green gram, 61 quintals of idly ravva, 17.40 quintals of fried yellow gram, 391.50 quintals of sugar, 44.05 quintals of pamolene oil, 55.15 quintals of sunflower oil, 12.28 quintals of soyabeen oil, 1.35 quintals of groundnut oil and 16.68 quintals of vanaspathi. Evidently, proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) have been initiated. The petitioner made an application for release of the seized stock. It is the pleaded case of the petitioner that the said application is pending before respondent No.1. Apprehending that the seized stock may be sold in public auction, the petitioner filed the present writ petition. The petitioner pleaded that of all the varieties of pulses and oils, respondent No.2 found the alleged variation with respect to 8 quintals of black gram and that no irregularities have been alleged with regard to the other pulses and oils. Having regard to the facts of the case, I am of the opinion that interests of justice would be served if the seized stock is not sold pending finalization of the proceedings under Section 6-A of the Act. Accordingly, the respondents are directed not to sell the seized stock till disposal of the proceedings under Section 6-A of the Act. Respondent No.1 is directed to complete the proceedings under Section 6-A of the Act and pass final order after giving an opportunity of being heard to the petitioner within a period of six weeks from the date of receipt of a copy of this order. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.4201 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 15th February, 2011 GHN