IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17929 of 2009 Between: 1 Thummapudi Bala Koteswara Rao S/o. Yellamandaiah, Hindu R/o. Eemani Village, Duggirala Mandal, Guntur District. 2 Khaja Ankama Rao S/o. Bhagiradhi R/o. Eemani Village, Duggirala Mandal, Guntur District. 3 Epuri Rama Mohana Rao S/o. Lakshmaiah R/o. Eemani Village, Duggirala Mandal, Guntur District. 4 Panuganti Narayana Rao S/oa. Venkata Gopala Rao R/o. Eemani Village, Duggirala Mandal, Guntur District. 5 Desaboina Satyanarayana S/ao. Sambaiah R/o. Eemani Village, Duggirala Mandal, Guntur District. 6 Kona Sivaraghuramaiah S/o. Lakshmaiah R/o. Eemani Village, Duggirala Mandal, Guntur District. 7 D. Yesobu S/o. Yebu R/o. Eemani Village, Duggirala Mandal, Guntur District. ..... PETITIONER(S) AND 1 The District Collector/District Magistrate, Guntur, Guntur District. 2 The Tahsildar, Duggtirala Mandal, Guntur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st Respondent in directing the 2nd respondent to sell the seized Commodities of 1425 Quintals of B.P.T. Paddy in 1900 bags of worth of Rs. 16,38,750/- of paddy belonging to the petitioners in the public auction in E.C. Act Case No. 140/2009-S7 dt. 9-8-2009 is illegal, arbitrary and violation of Principles of Natural Justice and consequently set aside the Orders of the 1st respondent in E.C. Act Case No. 140/2009-S7 dt. 9-8-2009 Counsel for the Petitioner:MR.K.SRINIVAS Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17929 of 2009 ORDER: 1 The petitioners approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st Respondent in directing the 2nd respondent to sell the seized Commodities of 1425 Quintals of B.P.T. Paddy in 1900 bags of worth of Rs. 16,38,750/- of paddy belonging to the petitioners in the public auction in E.C. Act Case No. 140/2009-S7 dt. 9-8-2009 is illegal, arbitrary and violation of Principles of Natural Justice and consequently set aside the Orders of the 1st respondent in E.C. Act Case No. 140/2009-S7 dt. 9-8-2009 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case” 2 Heard both sides. 3 Having regard to the submissions made by the learned counsel for the petitioners that proceedings under section 6 A of the Essential Commodities Act have already been initiated, and the request is only for stay of sale of the seized commodities, this Writ Petition is disposed of with a direction to the District Collector - First respondent to complete the said enquiry initiated under section 6 A of the Essential Commodities Act within a period of eight weeks from the date of receipt of a copy of this order. Till such time, the stocks seized from out of the premises of the petitioners on 20.07.2009 shall not be sold by way of public auction. No order as to costs. -------------------- 26.08.2009 kvsn