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APHC010122532025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6443/2025 Between: Lella Ramaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. K JOSEPH Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the followingORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2ndrespondent in issuing the impugned notice dated 28.02.2025 bearing E.C.Act Case No.24/2025-S4 directing the petitioner to furnish the Bank Guarantee for Rs.12,17,160/- instead of solvent surety for release of the stocks as sought in his petition filed on 18.02.2025 as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 2ndrespondent to release the stocks by accepting the immovable property surety instead of Bank Guarantee ….”.
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2. The petitioner has filed petition under Section 6-A of E.C. Act for release of return of seized stock of rice. The 2nd respondent/Joint Collector has issued an notice vide E.C.Act Case No.24/2025-S4, dated 28.02.2025 directing the petitioner to obtain a Bank Guarantee for an amount of Rs.12,17,160/- for release of the seized stock of 264.60 quintals of rice.
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 notice and prays this Court to allow the petitioner to provide third party immovable property security for the release of the seized stock.
4.
Learned counsel for the petitioner further submits that the petitioner is prepared to file an application before the 2nd respondent/Joint Collector about furnishing third party immovable property security for release of the seized stock of 264.60 quintals of rice.
5. Considering the submissions made by the learned counsel for the petitioner, this Court finds it appropriate to dispose of this writ petition by directing the petitioner to file an affidavit before the 2nd respondent/Joint Collector, Palnadu, showing the immovable property security, within a period of two (2) weeks from the date of receipt of a copy of the order. Upon moving such an application, the respondents shall pass appropriate orders by imposing necessary condition on the same within a period of one (1) week.
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6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending shall stand closed. ___________________________
JUSTICE SUMATHI JAGADAM
Date: 24.03.2025 SCS
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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 6443/2025
Date:24.03.2025 SCS