IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17754 of 2008 Between: Gurram Gurunadham S/o. Peraiah M/s. Sri Bajisai Kapileswara Traders, D.No.31-1256/2, S.P.G. Complex, Markapur Road, Vinukonda, Guntur District. ..... PETITIONER AND 1 The District Collector, Guntur, Guntur District. 2 The Tahsildar, Vinukonda Mandal, Guntur District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ order or direction more one in the nature of writ of Mandamus declaring the action of the 1st respondent in directing the 2nd respondent for conducting Open Auction of the seized stock of 4.35 Qtls of Red Gram, 214-00 Qtls of Green Gram, and 86-00 Qtls of Black Gram is illegal, arbitrary, malafide and unconstitutional and violative of petitioner right under Article 19(1)(g) of the Constitution of India. Counsel for the Petitioner:MR.K.SRINIVAS Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17754 of 2008 ORDER: It is the case of the petitioner that he is doing business in pulses and dall under the name and style “M/s. Sri Bajisai Kapileswara Traders” and possessed valid B Form licence and his licence was renewed upto 31-03-2008. He also filed an application for renewal of the said licence. While so, on 10-07-2008, the 2nd respondent along with Special Team went to the shop of the petitioner and verify the shop and found (1) Red Gram 4.30 qtls., (2) Green Gram 214.00 qtls. and (3) Black Gram 86.00 qtls., and accordingly, seized the same on the ground that the petitioner has been doing business without valid licence. The seized stocks have been handed over to the proprietor of M/s.Nandeswara Traders, Markapur Road, Vinukonda, for temporary safe custody. Thereafter, on 28-07-2008, the 1st respondent issued notice under Section 6-B of the Essential Commodities Act, 1955 (for short “the Act”) calling upon the petitioner to submit explanation within 15 days as to why the seized stocks should not be confiscated to the Government. It is stated that on the same day, the 1st respondent also passed order directing the 2nd respondent to conduct open auction and dispose of the seized stocks, pending confiscation proceedings under Section 6-A of the Act. Therefore, the petitioner filed this writ petition seeking a Writ of Mandamus to declare the action of the 1st respondent in directing the 2nd respondent to conduct open auction of the seized stocks as illegal and arbitrary. Admittedly, the confiscation proceedings under Section 6-A of the Act are pending. If that be so, I am of the opinion that it is just and proper to direct the respondents not to sell the seized stocks, pending disposal of the 6-A proceedings. Accordingly, the writ petition is disposed of directing the respondents not to sell the seized stocks pending disposal of the 6-A proceedings. Further, the 1st respondent is directed to dispose of the proceedings under Section 6-A of the Act, as expeditiously as possible, provided the petitioner immediately submits the explanation and participates in the enquiry. There shall be no order as to costs. ___________ 13-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}