HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21721 of 2010 Date : 03.09.2010 Between : Thaniparthi Venkateshwarlu & others. …..Petitioners And The Joint Collector (Civil Supplies), Prakasam District & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21721 of 2010 ORDER : In this writ petition, the petitioners seek for directions by way of Mandamus, declaring the action of respondents in not passing orders on their application, dated 19.07.2010, for release of seized stocks, as illegal and arbitrary, and also to set aside the show cause notice, dated 06.07.2010, issued by the Collector (Civil Supplies), Ongole in Rc.CS1/6A/88/2010. The Enforcement Deputy Tahsildar, Darsi Mandal of Prakasam District, has inspected the house of one Sri Grandi Rama Rao of Purimetla village on 21.06.2010 and on the premise that he is doing business in food-grains without possessing valid license under the A.P. Scheduled Commodities Dealer (Licensing, Storage and Regulation) Order, 2008, the available quantities of 80 quintals of Blackgram, 42 quintals of Redgram and 3 pulses filter nets and 13 empty gunny bags, totally worth about Rs.4,95,600/-, were seized, by conducting a panchanama. When the seizure report is sent to the 1st respondent, proceedings under Section 6-A of the Essential Commodities Act, 1955, have been initiated, and a show cause notice, dated 06.07.2010, in Rc.CS1/6A/88/2010, was issued to Sri Grandi Rama Rao, to show cause as to why the seized stocks should not be confiscated in favour of Government. During the pendency of the said proceedings, the petitioners herein, claiming that they are farmers and such seized stocks belonged to them, have moved the 1st respondent by filing a representation, dated 19.07.2010, seeking release of stocks. It is their case that due to paucity of accommodation in their houses, their agricultural produce is stored in the house of Sri Grandi Rama Rao, from which place, the stocks were seized. In this writ petition, it is the grievance of the petitioners that inspite of their representation, stocks are not being released and respondents are proceeding with inquiry under Section 6-A of the Essential Commodities Act, 1955. Whether the stocks were held by Sri Grandi Rama Rao for his business purposes without license or they are being stored by the petitioners, who are agriculturists, is a matter for inquiry in the proceedings initiated under Section 6-A of the Act. In view of the fact that the inquiry is already initiated, no orders can be passed setting aside the impugned show cause notice, at this stage. On instructions, it is submitted by the learned Government Pleader appearing for respondents, that the stocks, which were seized on 21.06.2010, were not yet sold and the final orders will be passed in 6-A proceedings as expeditiously as possible. In view of the fact that the petitioners have also filed a representation before the 1st respondent, claiming the seized stocks, and as it is stated that Sri Grandi Rama Rao, for whom the show cause notice was issued, did not claim such stocks, I deem it appropriate to dispose of the writ petition, directing the 1st respondent to complete the inquiry initiated under Section 6-A of the Essential Commodities Act and pass appropriate final orders in the matter, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. As it is submitted by the learned Government Pleader that the seized stocks are not yet disposed of, there shall be a direction to the respondents not to sell the seized stocks till appropriate final orders are passed. It is needless to observe that as much as hearing is provided under Section 6-B of the Act before passing of final orders, and as the petitioners are claiming that the seized stocks are their agricultural produce, petitioners also shall be given an opportunity of hearing before passing appropriate final orders by the 1st respondent. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 3rd September 2010 N.B: Order by wire at party’s costs. (b/o) ajr