THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.18012 of 2011 Date: 29.06.2011 Between: M.A. Aleem … Petitioner and The Joint Collector (Civil Supplies), Warangal, Warangal District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.18012 of 2011 ORDER : Heard Sri A. Prabhakar Rao, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents, and with their consent the writ petition is being disposed of at the admission stage. 2. This writ petition is filed challenging the order ECAC.No.32/2011, in File No.F1/761/2011, dated 22.6.2011, passed by the 1st respondent-Joint Collector (Civil Supplies), Warangal District, directing the 3rd respondent-Tahsildar, Hanamkonda, Warangal District, to dispose of the stock seized from the petitioner’s premises, as arbitrary and illegal. 3. The petitioner is carrying on the rice business in the name and style of Fine Rice Traders, Kiranam, General Merchant at Kothuru, Hanamkonda. On 15.6.2011 the 2nd respondent- Deputy Tahsildar (Civil Supplies), Hanamkonda, Warangal District, inspected the petitioner’s shop and godown and found huge quantity of rice, including the rice meant for public distribution system. On a report submitted by the 2nd respondent complaining that the petitioner was conducting the business unauthorisedly, proceedings have been initiated for confiscation of the stock under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”) before the 1st respondent. Taking cognizance of the said report, the 1st respondent, while issuing show cause notice dated 22.6.2011 under Section 6-B of the Act, by the impugned proceedings dated 22.6.2011, directed the 3rd respondent to sell the seized stock by way of public auction. Aggrieved by the same, the petitioner has filed the present writ petition for the aforesaid relief. 4. Even though the petitioner has challenged the said order, during the course of hearing, learned counsel for the petitioner submits that the petitioner is prepared to cooperate with the enquiry and defend his case and in the meanwhile, if the seized stock is sold in the public auction, it would cause great prejudice to the petitioner. Therefore, he submits that the 1st respondent be directed to complete the enquiry expeditiously within a time frame and in the meantime not to dispose of the seized stock. 5. On the other hand, the learned Government Pleader submits that the enquiry has already been initiated under Section 6-A of the Act and the petitioner can as well participate in the said enquiry and defend his case, but the stock seized is not liable to be released even before completion of the enquiry. 6. Having regard to the said submissions, I am of the view that the seized stock is not a perishable commodity. Therefore, I deem it appropriate to pass the following order: (i) The respondents are permitted to dispose of the P.D.S. rice in pursuance of the impugned order dated 22.6.2011 passed by the 1st respondent; (ii) Insofar as the other commodities are concerned, the same shall not be sold or otherwise disposed of till completion of the enquiry proceedings initiated under Section 6-A of the Act; and (iii) The 1st respondent is directed to complete the enquiry and pass appropriate orders in accordance with law as early as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. 7. Subject to the above directions, the writ petition is dispose of. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 29.06.2011. NOTE:- Operative portion by wire at party’s cost. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.18012 of 2011 29.06.2011 (Msr)