Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE v/ PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM f 0 U .■?> 9m, St: V' \\ 1 W’C WRIT PETITION NO: 6547 OF 2025 V.'-' Between: Kandula Bapuji, S/o. Uma Maheswara Rao, Prop. Of M/s. Sathyapriya, modern Rice Mill, Aged about -60 years, R/o. Sannala Vari Street, Machilipatnam Village and Mandal, pshna District. ...petitioner-^ AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs and Civil Suppfe Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Krishna District at Machilipatnam. 3. The Deputy Tahsildar, Krishna District at Machilipatnam. 4. The Special Deputy Tahsildar, pshna District at Machilipatnam ...RESPONDENTS Petition under Article 2^of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the 2nd respondent in issuing the endorsement E.C.P. No. 03)^025 dated 03.03.2025 is itself is illegal arbitrary and violation of principles of nat^l justice. Consequently aside the endorsement E.C.P. No. 03/2025 dated 03.03'^025 to the petitioner on furnishing 50% of bank guarantee of the value of the stocks set forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the endorsement issued by the 2nd respondent in E.C.P. No. 03/2025 dated 03.03.2^025by directing petitioner to furnish 50% of bank guarantee for release of seized stock infavour of the petitioner for the value of the stocks pending disposal of the above Writ Petition.
the Counsel for the Petitioner: SRI K SRINIVAS Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER
APHC010119492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3459] PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6547/2025 Between: Kandula Bapuji ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S):
1.GP FOR CIVIL SUPPLIES The Court made the following order: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue a Writ of Mandamus or any other appropriate writ
order or direction declaring the action of the 2"^ respondent in issuing the endorsement E.C.P.No.03/2025, dated 03.03.2025 is itself is illegal, arbitrary and violation of principles of natural justice and consequently, set aside the endorsement E.C.P.No.03/2025, dated 03.03.2025 to the petitioner on furnishing 50% of bank guarantee of the value of the stocks forthwith and pass such orders as deem fit and proper in the
facts and circumstances of the case. ”
2. The grievance of the petitioner is that against the Section 6-A petition filed by the Special Deputy Tahsildar (PDS), of Machilipatnam,
2 the 2"*^ respondent has issued an endorsement vide E.C.P.No.03/2025, dated 03.03.2025 directing to the petitioner to file a Bank Guarantee for an amount of Rs.6,62,175/- to release the seized stock.
3.
Learned counsel for the petitioner submits that due to financial constraints, the petitioner is unable to furnish a bank guarantee as stated in the endorsement and requests this Court to allow the petitioner to provide third party immovable property security for the release of the seized stock.
Learned counsel for the petitioner further submits that the
4. nd petitioner is prepared to file an application before the 2 respondent/Joint Collector about furnishing third party immovable property security for release of the seized stock. Considering the submissions made by the learned counsel for
5. the petitioner, this Court finds it appropriate to dispose of this writ nd petition by directing the petitioner to file an affidavit before the 2 respondent/Joint Collector, Krishna District at Machilipatnam, showing the third party surety, within a period of one (1) week from the date of receipt of a copy of the order. Upon moving such an application, the respondents shall pass appropriate orders on the same, within a period of two (2) weeks. There will be no order as to costs.
3 6- Accordingly, the Writ Petition
order as to costs. is disposed of. There shall be no As a sequel, miscellaneous petitions pending, if any, shall stand closed.
PRABHAKAR RAO ASSISTANT) REGISTRAR FFICER //TRUE COPY// To Principal Secretary, Consumer Affai De^rtment, Secretariat BuiMn™^""'
2. The Joint Collector, Krishna Dis'irict at Machilipatnam. • The Deputy Tahsildar, Krishna Dis'trfct at Machilipatnam
4. The Special Deputy Tahsildar, Krishna Distr^STat Machilipatnam
5. One CC to Sri K Srinivas,
6. Two GCs to GP for Civil Supplies
7. Three CD Copies irs and Civil Supplies . Velagapudi, Amaravathi, Guntur Advocate [OPUC] -High Court of Andhra Pradesh. [OUT) TF
r 9 HIGH COURT DATED:18/03/2025
ORDER WP.No.6547 of 2025 0" 5 0 <1 kn 2025 ^ . Current Section DISPOSING OF THE W.P., WITHOUT COSTS