HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17397 of 2010 Dated: 03-08-2010 Between: Sk. Abdul Rehaman. … Petitioner And The District Collector (CS), Guntur & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17397 of 2010 ORDER: In this writ petition, the petitioner seeks for a writ of Mandamus, declaring the seizure of 622.97 quintals of rice and 0.99 quintals of sugar from the premises belonging to him on 17.05.2010, as illegal. On 17.05.2010, the Deputy Tahsildar, Vigilance and Enforcement officials along with their staff, inspected the godowns, which were situated in the back side of Abu Bhakar Masque at M.V.Rajupalem village of Karlapalem Mandal in Guntur District. On the ground that 622.97 quintals of rice and 0.99 quintals of sugar, stored in the said godowns, was meant for distribution through public distribution system, but it was unauthorisedly stored by one Mohd. Habeeb, who was a fair price shop dealer, the said commodity was seized. It is alleged against the fair price shop dealer that he has made an attempt to divert the stock to black market for his personal gain and thus, he has violated the terms and conditions of A.P. Public Distribution System (Control) Order, 2008. It is the case of the petitioner that he is the proprietor of ‘Bismilla General Traders’ at Tarlapalem village and that the seized stock belongs to him. It is also the case of the petitioner that he has applied to the licencing authority for inclusion of the premises as a licensed premises, but in the meanwhile, the seizure was affected. It is also the case of the petitioner that the seized commodity is not meant for distribution through public distribution system, but the same is wrongfully mentioned in the seizure report. Pursuant to the seizure, a seizure report was submitted to the 1st respondent-District Collector, and thereafter, proceedings are initiated under Section 6-A of the Essential Commodities Act, 1955. Although it is the case of the petitioner that the seized stock belongs to him, but the said aspect cannot be decided at this stage, by this Court, in view of pendency of 6-A proceedings before the 1st respondent-District Collector (Civil Supplies). When it is the specific case of respondents that the said stock was unauthorisedly stored by the fair price shop dealer and that the same is meant for distribution through public distribution system, unless the inquiry is conducted and findings are recorded by the competent authority, this Court cannot declare the seizure itself as illegal. As it is alleged that the storage was unauthorised in an unlicensed premises in contravention of the provisions of A.P. Public Distribution System (Control) Order, 2008, the matter is to be inquired into by the competent authority. For the aforesaid reasons, I do not find any ground to entertain this writ petition to declare the seizure itself as illegal. It is further represented by the learned Government Pleader that the seized commodity is already disposed of. In that view of the matter, the sale proceeds may be deposited in the revenue deposits and the same shall be subject to the final orders to be passed by the 1st respondent in 6-A proceedings. If the petitioner claims that the seized stock belongs to him, it is open for him to participate in 6-A proceedings. The writ petition is dismissed, subject to the above directions. No order as to costs. ______________________ R. SUBHASH REDDY, J 3rd August 2010 ajr