THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4070 of 2011 Date:21.02.2011 Between: K. Sivananda ..... Petitioner AND The Joint Collector, Ananthapur and another .....Respondents Counsel for the Petitioner: Sri N. Ranga Reddy Counsel for Respondents: Assistant Government Pleader for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside the proceedings in Roc.No.B6/3125/2010 dated 10.11.2010, whereby respondent No.1 has directed sale of seized fertilizers worth Rs.6,06,875.98ps in public auction. One of the main contentions advanced by the learned counsel for the petitioner, at the hearing, is that despite the fact that the petitioner has made an application for release of the seized fertilizers, vide his application dated 27.09.2010, which was received by respondent No.1 on 28.09.2010, respondent No.1 has directed sale of the fertilizers in public auction without considering the petitioner’s application for release. A perusal of the impugned proceedings does not show that respondent No.1 has considered the petitioner’s application for release of the seized fertilizers. In this set of facts, I am of the opinion that sale of fertilizers as ordered by respondent No.1 would cause prejudice to the petitioner’s interests. Since a show-cause notice was already issued to the petitioner, it would be appropriate if respondent No.1 completes the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) and passes a final order expeditiously without selling the seized fertilizers till then. Accordingly, respondent No.1 is directed to complete the proceedings under Section 6-A of the Act after considering the explanation, if any, submitted by the petitioner, within a period of one month from the date of receipt of a copy of this order. Pending completion of the enquiry, the seized fertilizers shall not be sold. With the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.5027 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 21st February, 2011 GHN