THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17051 of 2009 DATE: 18.08.2009 Between: M/s. Karamsetty Ravi Kumar, rep. by its proprietor, Mr.Karamsetty Ravi Kumar, Ongole, Prakasam District ... Petitioner and State of A.P. Rep. by its Secretary (Civil Supplies), A.P. Secretariat, Hyderabad and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17051 of 2009 ORDER: This writ petition is filed by the petitioner concern seeking a Writ of Mandamus to declare the proceedings in Rc.CS1/6A/80/2009, dated 10.08.2009, of 2nd respondent, without passing any order on a petition filed by it seeking release of seized stocks, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that it is a proprietory concern and doing business in food-grains at shop No.279, S.B.M.C., Ongole, Prakasam District, under a valid licence. On 17.07.2009 the District Civil Supplies Officer, Ongole District has inspected its business premises, having found that there were variations in between ground balance and book balance, seized the available stock of 120 quintals of BPT rice, 399 quintals of 74 variety rice, 25 quintals of 92 variety rice, 77 quintals of 2716 variety rice and 12.50 quintals of broken rice, under cover of panchanama dated 17.07.2009, and in that regard, forwarded a report dated 18.07.2009 to the Collector & District Magistrate (Civil Supplies), Prakasam District at Ongole - 2nd respondent, who in turn, registered a case, against it, under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). Immediately after the seizure, it has filed a petition before the 2nd respondent, on 27.07.2009, seeking release of the seized stocks, but without passing any order on its petition, the 2nd respondent ordered the Tahsildar, Ongole to sell the seized stocks, by proceedings in Rc.CS1/6A/80/2009, dated 10.08.2009. Aggrieved by the same, it has filed this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies. 4. Learned counsel for the petitioner has submitted that though the petitioner has filed a petition before the 2nd respondent on 27.07.2009 seeking release of the seized stocks, without considering the same, the 2nd respondent has passed the impugned proceedings dated 10.08.2009, and therefore, prays to allow this writ petition. 5. Having considered the submissions made by the counsel, on either side, and in view of the fact that the 2nd respondent is ceased of the matter and the proceedings under Section 6-A of the Act have already been initiated by him, this Court is of the view that this writ petition can be disposed of with a direction to the 2nd respondent to complete the 6-A proceedings at the earliest. 6. Accordingly, this writ petition is disposed of, at the stage of admission, directing the 2nd respondent to complete the proceedings under Section 6-A of the Act, within a period of eight (8) weeks from the date of receipt of a copy of this order. Till such time, the seized stock of rice shall not be sold. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 18th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17051 of 2009 (Disposed of) 18th August, 2009 CBS