THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5368 OF 2010 DATED:09.03.2010 Between: P.Ravinder Reddy .. Petitioner And The Joint Collector, Warangal, Warangal District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5368 of 2010 ORDER: The petitioner is proprietor of Meghana Agro Tech Rice Mill – a Custom Milling Rice Mill; situated at Nagaram Village of Hasanparthy Mandal in Warangal District. On 16.01.2010, the Grain Purchasing Assistant, Warangal, the second respondent, and Deputy Tahsildar (CS), Hasanparthy Mandal, Warnagal District, the third respondent, inspected the petitioner’s rice mill and seized 224.25 Quintals of Vijayamasuri Paddy, 60 Quintals of Vijayamasuri Rice and 12 Quintals of Broken Rice. It is alleged that the petitioner was resorting to clandestine business in violation of Clause 2K and 3 of the Andha Pradesh Scheduled Commodities Dealers (Licencing, Storage and Regulation) Order, 2008 as well as Clauses 3 and 7 of the Andhra Pradesh Rice Procurement (Levy) Order, 1984. A report was accordingly submitted. The Joint Collector, Warangal District, the first respondent initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 (the ‘Act’) and issued a notice under Section 6-B of the Act on 23.02.2010. On the same day, in purported exercise of power under Section 6-A(2) of the Act, the first respondent directed the Tahsildar, Hasanparthy, to dispose of the seized stock in open auction. According to the first respondent, the seized stock is subject to speedy and natural decay and also it is expedient in public interest to dispose of the stock. The petitioner is yet to submit his explanation. In the meanwhile, it is alleged that the third respondent is proceeding to conduct auction to dispose of the stock. Aggrieved by the same, the present Writ Petition is filed. As held by a Division Bench of this Court, in P.Siva Reddy v District Collector, Kurnool, Kurnool District[1], admittedly, there is no notice preceding the order impugned in this Writ Petition. Therefore, it cannot be sustained. The Writ Petition is therefore disposed of in the following manner. (1) The first respondent is directed to dispose of the proceedings under Section 6-A of the Act, within a period of four weeks from the date of receipt of a copy of this order and in the meanwhile, the petitioner shall file his explanation to the notice under Section 6-B of the Act; (2) Till the matter is disposed of, there shall be stay of sale as ordered by the first respondent in proceedings dated 23.02.2010, which shall stand set aside. There shall be no order as to costs. _____________ (V.V.S. RAO, J) 09.03.2010 Note:- Dispatch operative portion of the order by wire at party’s costs. (B/o) KH [1] 2008(6) ALD 1 (DB)