THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10208 of 2011 Date: 15.04.2011 Between: Sri Vankayala Suryanarayana … Petitioner and The District Collector (Civil Supplies), West Godavari at Eluru and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10208 of 2011 ORDER : Heard Smt. V. Padmaja Reddy, learned counsel appearing for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for the respondents and with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. The petitioner, who is engaged in rice business, has filed this writ petition to declare the order passed by the 1st respondent- District Collector (Civil Supplies), West Godavari District, in proceedings Roc.CSI/39/ECA/2010, dated 30.3.2011, for conducting sale of the seized stocks of the petitioner in public auction, as arbitrary and illegal. 3. The petitioner claims to be a licence holder in food grains to carry on the rice business in the name and style of “Sai Krishna Rice Mill”. On 28.3.2011, the District Supply Officer, West Godavari District, inspected the said Rice Mill and seized the food grains worth about Rs.72,40,925/- along with 2 lorries bearing registration Nos.AP 16T 6141 and AP 24Y 8599 on the ground that the said stock is unauthorized and brought to mix the same in the damaged paddy milled by him. A complaint was laid before the 1st respondent, who initiated action under Section 6-A of the Essential Commodities Act, 1955. While so initiating action by means of the impugned order, the 1st respondent also directed the 3rd respondent-Deputy Tahsildar (Civil Supplies), Tadepalligudem, West Godavari District, to dispose of the seized stock by sale in the public auction. Aggrieved by the said order, the petitioner has filed the present writ petition for the aforesaid relief. 4. It is the contention of the learned counsel for the petitioner that the stock found in the vehicles is covered by valid bills and trip sheets and the said stock was yet to be purchased by the petitioner. As far as the other stock is concerned, the allegations as to the variation are incorrect. It is also contended that the petitioner has already filed a petition dated 29.3.2011 before the 1st respondent seeking release of the stock and even before the said petition is considered, the 1st respondent has passed the impugned order, which is unsustainable. 5. I am not inclined to express any opinion on the merits of the case. It appears that the petitioner has already approached the 1st respondent by means of a petition dated 29.3.2011, but the 1st respondent has passed the impugned orders dated 30.3.2011, apparently without looking into the said petition. Inasmuch as the petitioner has already filed a petition, it is appropriate for the 1st respondent to consider the same and pass appropriate orders. Without disposing of the said petition, if the seized stock of the petitioner is sold in public auction, it obviously affects the interest of the petitioner. 6. In the circumstances, the writ petition is disposed of directing the 1st respondent-District Collector (Civil Supplies), West Godavari District, to consider the petition dated 29.3.2011 filed by the petitioner and pass appropriate orders in accordance with law as early as possible, preferably within a period of three weeks from the date of receipt of a copy of this order. Till orders are passed on the said petition, the seized stock of the petitioner shall not be sold or otherwise disposed of. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 15.04.2011. NOTE: Issue C.C. by 16.4.2011. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10208 of 2011 15.04.2011 (Msr)