IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE TWENTY EIGHTH DAY OF JULY, TWO THOUSAND NINE ONLY WRIT PETITION No.7959 of 2009 Between: Srinivasa Rice & Flour mill, 4th Ward, Kanigiri, repd., by its Proprietor-Innamuri Satyam. … Petitioner And: The Joint Collector, Ongole, Prakasam District and two others. … Respondents Counsel for the Petitioner: Sri I.Koti Reddy. Counsel for the Respondents: AGP for Civil Supplies. This Court made the following: ORDER:- At the interlocutory stage, this Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in directing sale of the seized stock in public auction, vide his proceedings dated 17-3-2009, as illegal. The Enforcement officials of the Civil Supplies Department seized 75.79 quintals (contained in 201 bags) and 10.52 quintals (contained in 15 bags) of paddy from the premises of the petitioner under a panchanama. Proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”) have been initiated. Show-cause notice under Section 6-B of the Act was issued on 17-3-2009. On the same day, another order was passed by Collector (CS), Ongole, directing interim disposal of the seized stocks through public auction. Questioning the said order, the petitioner filed the present Writ Petition. This Court, by order dated 18-4-2009 ordered notice. No counter-affidavit is filed on behalf of the respondents. The learned counsel for the petitioner submitted that the impugned order has not been given effect to till today and the stocks have not been sold. The learned Assistant Government Pleader for Civil Supplies says that she has no instructions on this aspect. Inasmuch as the seizure has taken place in March, 2009, no purpose will be served by keeping this Writ Petition pending. If the respondents have not sold the seized stock since 17-3-2009, I do not find any justification to permit sale of the seized stock at this length of time when proceedings under Section 6-A of the Act are still pending. Therefore, the Writ Petition is disposed of with the direction to the Collector, (CS), Ongole, to complete the proceedings under Section 6-A of the Act within a period of six seeks from the date of receipt of a copy of this order. Pending disposal of the said proceedings, the seized stock shall not be sold, if the same is not already sold. --------------------------------------- C.V.NAGARJUNA REDDY,J Date:28-7-2009 MNR