M/S Sri Vinayaka Trading Company having its premises at v. This writ petition is filed seeking a Writ of Mandamus declaring

This writ petition is filed seeking a Writ of Mandamus declaring the action of the 1st respondent in passing the impugned proceedings in M.C.No.94/2009 dated 20.08.2009, as illegal and arbitrary and consequently set aside the same. The petitioner is having valid licence to carry on business in rice. On

07.08.2009, the 3rd respondent visited the Rice Mill of the petitioner and seized the stock i.e., 105.25 quintals of Samba Masoori rice; 234 quintals of J.J. variety rice; 180 quintals of common rice and 22 quintals of broken rice, under a cover of panchanama. Pursuant thereto, on the basis of the report furnished by the 3rd respondent, the 1st respondent initiated proceedings under Section 6- A of the Essential Commodities Act. Subsequently, the petitioner filed a representation dated 12.08.2009 before the 1st respondent seeking release of the seized stock. But without considering the said representation, the 1st respondent passed an order dated 20.08.2009 directing the 3rd respondent to dispose off the seized stock in open auction. Hence, the present writ petition. Heard both sides. Now that the proceedings under Section 6A of the Essential Commodities Act are very much pending before the 1st respondent, this Court is of the view that this writ petition can be disposed of without going into the merits of the case. The writ petition is accordingly disposed of with a direction to the 1st respondent-District Collector to consider the representation dated 12.08.2009 filed by the petitioner and complete the proceedings pending before him under Section 6-A of the Essential Commodities Act 1955 and pass necessary orders thereon, within a period of eight weeks from today. Pending consideration of the said proceedings, the seized stock shall not be sold. No order as to costs. ___________________________ (GOPALA KRISHNA TAMADA, J) 28-08-2009 Gsn.