THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25637 of 2011 Date: 20.09.2011 Between: Vanama Ramesh … Petitioner and The Assistant Supply Officer, Nuzvid, Krishna District and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25637 of 2011 ORDER : Heard Sri V.H.V.R.R. Swamy, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents. Having regard to the short relief sought for by the learned counsel for the petitioner at the hearing for early disposal of the enquiry proceedings, with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. The petitioner claims to be the proprietor of M/s. Vijaya Sai Lakshmi Ganapathi Binni Modern Rice Mill, situated at Main Road, Chanubanda Village, Vissannapeta Mandal, Krishna District. On 22.2.2011, the 1st respondent-Assistant Supply Officer, Nuzvid, Krishna District, inspected the petitioner’s rice mill and found 122.50 quintals of rice, which includes 87.50 quintals with F.C.I. lable. On enquiry it was found that the petitioner had stored P.D.S. rice, which he sought to explain that he purchased the same from the cardholders. Since the explanation of the petitioner was not convincing, alleging contravention of the provisions of the A.P. State Public Distribution System (Control) Order, 2008, the 1st respondent seized the said stock. Basing on a report dated 28.2.2011 submitted by the 1st respondent for confiscation under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”), the 2nd respondent-Joint Collector, Krishna District, passed the impugned order in E.C.P.No.55 of 2011, dated 5.9.2011, directing the 1st respondent to dispose of the seized stock. The petitioner states that he filed an application dated 23.3.2011 before the 2nd respondent seeking release of the seized stock on furnishing bank guarantee. However, since the 2nd respondent passed the impugned order dated 5.9.2011 to dispose of the seized stock, the petitioner has filed the present writ petition. 3. Learned counsel for the petitioner submits that the petitioner is entitled to purchase the P.D.S. rice and the same is not in contravention of the provisions of the Control Order. The learned counsel, however, submits that the petitioner is prepared to participate in the enquiry and, defend his case and in the meanwhile, if the seized stock is sold, the petitioner would suffer grave and irreparable loss. The learned counsel, therefore, submits that the 2nd respondent be directed to dispose of the enquiry within a time frame and in the meanwhile not to sell the seized stock. 4. Learned Government Pleader has no objection for such course of action. 5. Admittedly, an enquiry under Section 6-A of the Act is pending before the 2nd respondent. In matters of this nature, the Statutory authorities are expected to pass orders expeditiously within a reasonable time. Since the enquiry initiated under Section 6-A of the Act is likely to take some time, in the meanwhile, if the seized stock is sold, it might cause grave and irreparable loss to the petitioner. 6. In the circumstances and also keeping in view the short relief sought for by the learned counsel for the petitioner at the hearing, I deem it appropriate to dispose of the writ petition directing the 2nd respondent to complete the enquiry initiated under Section 6-A of the Essential Commodities Act, 1955 in pursuance of the report dated 28.2.2011 submitted by the 1st respondent and pass appropriate orders as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. Till conclusion of the said enquiry and final orders are passed, the seized stock of the petitioner shall not be sold or otherwise disposed of. 7. Subject to the above directions, the writ petition is disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 20.09.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.25637 of 2011 20.09.2011 (Msr)