THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20221 of 2011 Date: 20.07.2011 Between: Malepati Suneel Kumar … Petitioner and The Joint Collector, Kadapa District, Kadapa and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20221 of 2011 ORDER : Heard Sri V. Sudhakar Reddy, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. This writ petition has been filed challenging the proceedings Ref.No.1(2)/1676/2011, dated 5.7.2011, issued by the 2nd respondent-Additional Joint Collector, Kadapa, Kadapa District, directing the 3rd respondent-Tahsildar, Badvel Mandal, Kadapa District, to dispose of the stock seized from the possession of the petitioner pending disposal of the 6-A proceedings, and also to direct the 1st respondent-Joint Collector, Kadapa, to send the samples of the seized rice for analysis to the competent authority. 3. The petitioner claims to be a trader in rice business. On 16.6.2011, the Inspector of Police, Porumamilla, along with his staff intercepted a lorry bearing No.AP04-X-128 belonging to the petitioner and found carrying 308 bags of rice meant for public distribution system. He also inspected the business premises of the petitioner and detected 788 bags of rice each 50 Kgs., 40 bags of rice each 40 Kgs., and 40 bags of rice each 25 Kgs. The inspecting officer seized the said stock of the petitioner under a panchanama dated 16.6.2011 and reported the matter for initiation of the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). Challenging the said seizure of the stock, the petitioner filed W.P.No.18026 of 2011 and this Court by order dated 29.6.2011 disposed of the said writ petition directing the 1st respondent to complete the enquiry proceedings initiated under Section 6-A of the Act and pass appropriate orders in accordance with law as early as possible, preferably within a period of eight weeks from the date of receipt of a copy of the said order. In the meanwhile, the petitioner filed a petition before the 1st respondent seeking release of the stock contending that the said stock is not P.D.S. rice and that he purchased the same in the open market. He disputed that the seized rice was P.D.S. rice and that the samples should be sent for analysis to ascertain whether the said rice is P.D.S. rice or not. As no action has been taken on the said application, the petitioner has filed the present writ petition for the aforesaid relief. 4. Indisputably, the proceedings under Section 6-A of the Act have already been initiated against the petitioner. The enquiry under Section 6-A of the Act is a comprehensive enquiry in which the petitioner is entitled to take all the defenses available to him under law, including the dispute as to whether the seized stock is P.D.S. rice or general rice. If any objection is taken in this regard, the 1st respondent is the competent authority to decide the same by verifying the same through proper means and procedure contemplated under law. In that view of the matter, no separate enquiry need be conducted as a preliminary issue. 5. In the circumstances, the writ petition is disposed of directing the 1st respondent to consider the aforesaid objection of the petitioner as regards the nature of rice while passing orders in the proceedings initiated under Section 6-A of the Act. Since this Court had already directed disposal of the proceedings under Section 6-A of the Act within a time frame, till conclusion of the said enquiry, the seized stock of the petitioner shall not be sold or otherwise disposed of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 20.07.2011. NOTE: Operative portion by wire at party’s cost. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20221 of 2011 20.07.2011 (Msr)