THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16186 of 2009 DATE:07.08.2009 Between: Maram Venkateswara Reddy and others ... Petitioners and The Collector (CS), Prakasam District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16186 of 2009 ORDER: This writ petition is filed by the petitioners seeking a Writ of Mandamus to declare the proceedings of 1st respondent in Rc.CS1/6A/63/2009, dated 11.07.2009, for disposal of 311.50 quintals of seized rice, without conducting enquiry under Section 6-A of the Essential Commodities Act 1955 (for short 'the Act'), as illegal and arbitrary, and consequently, to direct the respondents not to dispose of the seized rice. 2. According to the petitioners, they are agriculturists and eking out their livelihood by raising paddy crop. They raised paddy crop for the year 2008-2009 and after harvesting the paddy crop, they milled the paddy in a rice mill. As there was no good market, they stored the rice in Sri Venkata Ramana Rice and Flour Mill at Darsi, which is a defunct rice mill. While so, the Tahsildar, Darsi Mandal, Prakasam District - 3rd respondent has surpriced the said rice mill on 03.07.2009 and seized 311.50 quintals of rice on the ground that some third parties are doing clandestine business and thereafter reported the matter to the Collector (CS), Prakasam District at Ongole - 1st respondent, who in turn, registered a case under Section 6- A of the Act and issued proceedings in Rc.CS1/6A/63/2009, dated 11.07.2009, directing the 3rd respondent to distribute the seized rice to the card holders, as an interim disposal. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that the petitioners are landlords, that immediately after seizure of the rice, they filed a petition by enclosing copies of their pattadar pass books and adangals, before the 1st respondent, on 03.08.2009, seeking a direction to the 3rd respondent not to distribute the seized rice to the card holders through the public distribution system and to release the seized stock on bank guarantee, and that the petitioners are ready to cooperate with the 1st respondent for expeditious disposal of the proceedings under Section 6-A of the Act. 5. Having considered the submissions made by both the learned counsel, this Court is of the view that this writ petition can be disposed of directing the respondents not to sold the seized stock during the pendency of the proceedings under Sectioin 6-A of the Act. 6. Accordingly, this writ petition is disposed of directing the 3rd respondent not to sell the seized stock, during the pendency of the proceedings under Section 6-A of the Act. The 1st respondent also is directed to dispose of the 6-A proceedings, within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 7th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16186 of 2009 (Disposed of) 7th August, 2009 CBS