HONOURABLE MR.JUSTICE B.SESHASAYANA REDDY AND HONOURABLE MR.JUSTICE B.CHANDRA KUMAR WRIT APPEAL No.380 of 2010 JUDGMENT: (Per Hon’ble Mr.Justice B.Seshasayana Reddy) This writ appeal is directed against the order dated 19/04/2010 of the learned Single Judge passed in W.P.No.8530 of 2010. The petitioner is the Proprietor of Sri Sai Lakshmi Venkateswara Rice Mill, Kambam Road, Porumamilla in Kadapa District. The rice mill was surprised by the Civil Supplies Authorities and found some contraventions in maintaining the stock. After noting the contraventions, the stocks came to be seized and entrusted to a third party and the matter was reported to the Joint Collector. It was also alleged that the appellant was clandestinely involved in the sale of rice meant for public distribution system. The appellant made an application dated 03/04/2010 to the Joint Collector for release of the stock. Even before the Joint Collector considers his application, the appellant filed W.P.No.8530 of 2010 seeking declaration that the seizure of stocks is illegal and the stock is required to be released to him. The learned Single Judge, on hearing the learned counsel appearing for the appellant/writ petitioner and the learned Government Pleader for Civil Supplies, proceeded to dispose of the writ petition reserving liberty to the petitioner to approach the District Collector, Kadapa, and seek appropriate orders. The relevant portion of the order passed by the learned Single Judge reads as under: “The fact that the respondents have power to inspect a licensed dealer and seize the stock for alleged contraventions of the provisions of the Essential Commodities Act, 1955 (the Act), the Control Order and conditions of licence, cannot be denied. Whether there are contraventions or not and if so, whether the seized food grains are to be confiscated to the Government are the matters which are to be considered by the Joint Collector in the proceedings under Section 6- A of the Act after issuing mandatory notice under Section 6-B of the Act. Insofar as interim release of the seized stock is concerned, there is discretion to the Joint Collector either to order interim sale under Section 6-A(2) of the Act or order release. In exercise of jurisdiction under Article 226 of Constitution of India, ordinarily such release cannot be ordered even before the issue is considered by the Joint Collector. In view of the above, the writ petition is disposed of, observing that the petitioner may pursue his application before the District Collector (Civil Supplies)/Joint Collector, Kadapa. Liberty is given to petitioner to approach the first respondent with a copy of this order whereupon appropriate orders may be passed immediately by the said authority. The writ petition is accordingly disposed of.” Hence, this writ appeal. Heard the learned counsel for the appellant and perused the order impugned in the appeal. Learned counsel for the appellant submits that the Joint Collector is contemplating to dispose of the seized stocks, and therefore, necessary direction may be given to the Joint Collector to handover the seized stocks to the appellant. As could be seen from the order impugned in the appeal, the learned Single Judge directed the petitioner to pursue his application before the District Collector (Civil Supplies)/Joint Collector, Kadapa. Such is the direction, we do not see any valid reason to interfere with the order impugned in the writ appeal. Accordingly, the Writ Appeal is dismissed. No order as to costs. ________________________ B.SESHASAYANA REDDY, J ____________________ B.CHANDRA KUMAR, J Date: 19th May, 2010 SKM