HONOURABLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 5126 of 2007 DATED: 15-03-2007 Between: M/s Suvarchala Dall Mill, rep. by its Proprietor G.S.S.Venkateswara Rao …Petitioner and The Asst. Supply Officer, Circle I, Vijayawada, Krishna District and others …Respondents. HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 5126 of 2007 ORAL ORDER: 197.96 Quintals of Red Gram, assessed to be of a value of Rs.3,95,920/-, was seized from the godown of Central Ware House Corporation, Bhavanipuram, Vijayawada on 17-2-2007. The seized scheduled commodities belong to the petitioner. The seizure was on the allegation of contravention of Clause 3 of the Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982 (for short ‘the Distribution order, 1982’) and violation of the provisions of the Essential Commodities Act, 1955 (for short ‘the Act’) for pursuing the business in scheduled commodities without a licence under the provisions of the Distribution order, 1982. Proceedings under Section 6 of the Act are under process. By an order dated 22-2-2007 the 3rd respondent in purported exercise of the power under Section 6-A(2) of the Act passed an order directing interim disposal of the seized commodities. The singular reason recorded by the 3rd respondent is that the seized stock is of perishable nature, which it is not. The order of the 3rd respondent is clearly inconsistent with the law declared by this Court in the Judgment dated 27-2-2007 in W.P.No.3761 of 2007. For this reason, the impugned order must perish and is accordingly set aside. The 3rd respondent or the appropriate competent authority however, is at liberty to pass a fresh order in accordance with law and the principles spelt out in the Judgment above. The writ petition is disposed of as above at the stage of admission, after hearing the learned Government Pleader for Civil Supplies also. There shall be no order as to costs. _______________________ GODA RAGHURAM, J 15-03-2007 Copy as soon as possible GRR