THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.17083 of 2011 Date: 21.06.2011 Between: Samudrala Harikrishna … Petitioner and The District Collector, Chilakalapudi, Machilipatnam, Krishna District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.17083 of 2011 ORDER : Heard Sri B.S.N. Naidu, 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. This writ petition is filed challenging the order E.C.P.No.110/2011, dated 1.6.2011, passed by the 1st respondent- District Collector, Krishna District, directing the 2nd respondent- Tahsildar, Tiruvuru Mandal, Krishna District, to dispose of the stock seized from the petitioner premises, as arbitrary and illegal. 2. The petitioner is engaged in the rice business in the name and style of M/s. Vasavi Rice and Flour Mill, situated at Rajupeta, Tiruvuru, Krishna District. On 25.3.2011, the 3rd respondent-Deputy Tahsildar (PDS), Tiruvuru Mandal, Krishna District, inspected the petitioner’s rice mill and found a lorry bearing No.AP 16TU 4824 unloading the rice meant for public distribution system. He also found stock variation of 580 quintals of PDS rice, 1123.25 quintals of other variety of rice, 50 quintals of paddy, and 42 quintals of brokens. The said stock was seized under a panchanama dated 26.3.2011. The Special Deputy Tahsildar laid a complaint under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”) before the 1st respondent. The 1st respondent, having taken cognizance of the same, while initiating proceedings for confiscation of the stock, has passed the impugned order dated 1.6.2011 directing the 2nd respondent to sell the seized stock. Aggrieved by the same, the petitioner has filed the present writ petition for the aforesaid relief. Learned counsel for the petitioner submits that the petitioner has not committed any irregularity and he has been conducting the business in a lawful manner. He also submits that the allegation that the petitioner was dealing with the rice meant for public distribution system is without any basis and the petitioner has not contravened the conditions of any control order insofar the other stock. On the other hand, the learned Government Pleader submits that the petitioner was found to be in possession of P.D.S. rice and the other stocks in contravention of the control orders. He also submits that the enquiry has already been initiated under Section 6-A of the Act and the petitioner can as well participate in the said enquiry and defend his case, but the stock seized is not liable to be released even before completion of the enquiry. I am not inclined to express any opinion on the merits of the case. However, in matters of this nature, the Statutory authorities are expected to conduct the enquiry and pass appropriate orders expeditiously within a time frame. 3. Indisputably, the 1st respondent has taken cognizance of the report submitted by the 3rd respondent-Special Deputy Tahsildar (PDS),Tiruvuru. Hence, it is for the petitioner to appear before the 1st respondent and defend his case. In the circumstances, I deem it appropriate to pass the following order: (i) The respondents are permitted to dispose of the P.D.S. rice in pursuance of the impugned order dated 1.6.2011 passed by the 1st respondent; (ii) Insofar as the other commodities, the same shall not be sold or otherwise disposed of till completion of the enquiry proceedings initiated under Section 6-A of the Act pursuant the report dated 28.3.2011 submitted by the Special Deputy Tahsildar (PDS), Tiruvuru; and (iii) The 1st respondent is directed to complete the enquiry 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 this order. Subject to the above directions, the writ petition is dispose of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 21.06.2011. NOTE:- Issue C.C. in two days. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.17083 of 2011 21.06.2011 (Msr)