THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.14594 of 2009 ORDER: This writ petition is filed by the petitioners seeking a Writ of Mandamus to declare the action of 1st respondent in directing 2nd respondent to sell 3290 quintals of seized paddy belonging to them, in public auction in E.C.Act Case No.71/2009-S7, as illegal and arbitrary, and consequently, to set aside the order dated 09.07.2009 passed by the 1st respondent in the said Case. 2. The brief facts of the case are that on 09.06.2009, the Deputy Superintendent of Police, Vigilance and Enforcement Department, has visited the premises of the oil mill belonging to the 1st petitioner and seized 3290 qunitals of paddy on the ground that he had stored the paddy in the mill unauthorisedly, and handed over the stock to the Tahsildar, Machavaram Mandal, Guntur District - 2nd respondent requesting to initiate necessary action against the 1st petitioner. After completion of enquiry into the matter, the 2nd respondent filed a report against the 1st petitioner before the Joint Collector, Guntur, who in turn, issued a 6-B notice to the 1st petitioner on 09.07.2009 calling upon his explanation as to why the seized paddy should not be confiscated into the Government and the District Collector, Guntur - 1st respondent, by an order dated 09.07.2009 in E.C.Act Case No.71/2009-S7, also directed the 2nd respondent to sell the seized stock in public auction, and send the highest bid proposals for confirmation. Being aggrieved by the said order, the petitioners filed the present writ petition. 3. Heard both sides. 4. On instructions, the learned Government Pleader appearing for the respondents has submitted that pursuant to the order dated 09.07.2009 passed by the 1st respondent in E.C. Act Case No.71 of 2009, open auction was conducted on 27.07.2009 and the entire stock of seized paddy was sold. 5. Having regard to the fact that open auction was conducted on 27.07.2009 and the stock of seized paddy was sold, this Court is of the view that the reliefs sought for by the petitioners in this writ petition cannot be granted, at this point of time. However, as the seized paddy was already sold, the District Collector, Guntur - 1st respondent is hereby directed not to confirm the said sale, till 6-A proceedings against the 1st petitioner are decided. The 1st respondent is further directed to decide the 6-A proceedings, within a period of four weeks from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J 3rd August, 2009. Note: Furnish CC by two days. (b/o) CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.14594 of 2009 3rd August, 2009 CBS