HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.9766 of 2009 ORDER: Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. This Writ Petition is filed for the following substantial relief:- “………… to issue a writ of Mandamus declaring the action of the first respondent in seizing the stocks belonging to the petitioner and consequential proceedings in S.R.No.3/2009 S5, dated 23.03.2009, of the third respondent directing to sell the seized stock in public auction as illegal, arbitrary and contrary to law and consequently, direct the respondents to release the seized stock to the petitioner.” The petitioner is a licensee to deal in food grains. On 06.01.2009, the Deputy Inspector of Police, Vigilance and Enforcement Department, the Circle Inspector of Police and other staff inspected the business premises of the petitioner. On verification, they found that there is a variation in stock when the book balance is compared to that of the ground balance and further, the petitioner is not maintaining the records properly and as such, the same is in contravention of the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Supplies and Regulation) Order, 2008. The available quantity of 116.50 quintals of rice was seized. The said seizure was reported to the Joint Collector, Srikakulam, who passed the order, dated 23.03.2009, in S.R.No.3/2009 S5, for sale of the seized stock. The same is questioned in the present Writ Petition. This Court, while admitting the Writ Petition on 01.05.2009, passed interim order, in W.P.M.P.No.12699 of 2009, directing the respondents not to sell the seized stock of rice belonging to the petitioner. Today, when the matter is taken up, it is submitted by the learned counsel for the petitioner that pursuant to the seizure, the proceedings under Section 6-A of the Essential Commodities Act, 1955, are initiated before the Joint Collector, Srikakulam and the same are pending. With regard to the validity of the seizure, it is a matter which has to be gone into in the proceedings pending before the Joint Collector. As this Court granted interim direction not to sell the seized stock by its order, dated 01.05.2009, and further, as it is stated that the proceedings under Section 6-A of the Act are pending, I deem it appropriate to dispose of the Writ Petition, directing respondent No.3 to dispose of the 6-A proceedings, if not already done, within a period of two months from the date of receipt of a copy of this order. The interim order, dated 01.05.2009, passed by this Court shall continue to operate till appropriate final orders are passed in the 6-A proceedings by the Joint Collector, Srikakulam. Subject to the above directions and observations, the Writ Petition is disposed of. There shall be no order as to costs. ___________________________ JUSTICE R.SUBHASH REDDY 21st November 2011 DR