THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12208 of 2010 Dated:01.06.2010 Between: M/s.Doddi Veerabhadra Rao. ...Petitioner And State of Andhra Pradesh, Civil Supplies and Consumer Affairs Department, Rep.by its Secretary, Secretariat, Hyderabad, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12208 of 2010 ORDER: The petitioner is a licensed dealer under Fertilizer (Control) Order, 1985, dealing in various types and brands of chemical fertilizers. His business premises was inspected by the third respondent on 27.02.2010. On an allegation that there were variations in the stocks of various fertilizers, the stocks were seized. On receiving the report from the third respondent the Joint Collector (District Collector (Civil Supplies)), Kakinada, in purported exercise of powers under subsection (2) of Section 6-A of the Essential Commodities Act, 1955 (the Act), issued the impugned order dated 12.03.2010, advising the Joint Director of Agriculture, Kakinada, to sell the seized stocks of fertilizers to needy local farmers. Aggrieved by the same, the present writ petition is filed. Petitioner also contends that it is not competent to the Joint Collector to initiate proceedings under Section 6-A of the Act in respect of the fertilizer stocks seized from the petitioner’s business premises. Though the Counsel is vehement in his plea with regard to alleged inherent lack of jurisdiction on the part of the Joint Collector this Court desists from going into the same at this stage. It is always open to the petitioner to face the proceedings under Section 6-A of the Act and raise all contentions before the appropriate authority. Insofar as the impugned order dated 12.03.2010 directing interim sale under Section 6-A(2) of the Act is concerned, ex facie the same was not preceded by a notice as per law declared by this Court in A.Siva Reddy v District Collector, Kurnool[1]. On this ground alone the said order is liable to be set aside. The other questions are left open to be decided by the Joint Collector in the final proceedings under Section 6-A of the Act. It shall be open to the petitioner to raise all the contentions before the said authority. The Writ Petition is accordingly allowed setting aside the impugned order of the second respondent bearing Rc.No.3/CS/136/2010, dated 12.03.2010. It shall be open to the second respondent to issue notice and pass appropriate orders under Section 6-A(2) of the Act. This Court further directs the second respondent to dispose of the proceedings under Section 6-A of the Act within a period of four weeks from the date of receipt of a copy of this order. ____________ (V.V.S.RAO, J) 01.06.2010 vs [1] 2008 (6) ALT 145 (DB)