IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7023 OF 2025 Between: Bogineni Chiranjeevi, S/o Peda Narasaiah, Aged about 40 years Business, r/o D.No.2-52, Seethanagulavaram (PO), Tharlupadu, Prakasam District. occ: j ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat, Velagapudi, Amaravati. 2. The Joint Collector and Addl. District Magistrate, Palnadu District. 3. The Civil Supplies Food Inspector, Nuzendia, Palnadu District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus, declaring the action of the 2"'^ respondent in issuing the impugned notice dt. 28-2-2025 bearing E.C.Act Case No.24/2025-S4 directing the petitioner to furnish the Bank Guarantee for Rs. 82,800/- instead of solvent surety for release of the Mahinra Bolero vehicle bearing Reg.No.AP-39-UG-3317 as sought in his petition filed on 18-2-2025, as being illegal, arbitrary, unjust and unconstitutional, and to grant such other relief or reliefs as this Hon'bie Court deems fit and proper in the circumstances of the may more case. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances / stated in the affidavit filed in support of the petition, the High Court may be ^pleased to direct the respondent No.2 herein to release the petitioner's Mahinra Bolero vehicle bearing Reg.No. AP-39-UG-3317 by accepting the third party surety instead of bank guarantee, pending disposal of the main Writ Petition. r Counsel for the Petitioner: SRI K. JOSEPH Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010132752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7023/2025 Between: ...PETITIONER Bogineni Chiranjeevi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KJOSEPH 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned notice dt. 28-2-2025 bearing E.C.Act Case No. 24/2025-S4 directing the petitioner to furnish the Bank Guarantee for Rs. 82,800/- instead of solvent surety for release of the Mahindra Bolero vehicle bearing Reg. No. AP-39-UG-3317 as sought in his petition filed on 18-2-2025, 2 JS,J W.P.No.7023/2025 being illegal, arbitrary, unjust and unconstitutional, and to grant such other relief or reliefs. ” as The petitioner is the owner of Mahindra Bolero vehicle bearing registration No.AP39UG 3317. He purchased the vehicle by availing financial assistance from a private finance. The petitioner and his family are eking out their livelihood out of the income derived from the vehicle. On 12.02.2025, the 3^^^ respondent has seized the petitioner’s vehicle and booked a case under Section 60-A of Essential Commodities Act and submitted a report for 2. confiscation of vehicle. The petitioner has filed a petition on 18.02.2025 for release of the seized vehicle. On 28.02.2025 the 2'"'^ respondent vide notice E.C.Act Case NO.24/2025-S4, dated 28.02.2025 has directed the petitioner to obtain a Bank Guarantee for an amount of Rs.82,800/- to release the seized vehicle. 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 vehicle. 4. Learned counsel for the petitioner further submits that the 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 Mahindra Bolero vehicle bearing No.AP-39-LIG-3317, 5. 3 JS,J W.P.No.7023/2025 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 2^^ 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 this order. Upon moving such an application, the respondents shall pass appropriate orders on the same, within a period of one (1) week. 6. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Joint Collector and Addl. District Magistrate, Palnadu District. 3. The Civil Supplies Food Inspector, Nuzendia, Palnadu District. 4. One CC to Sri K. Joseph, Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:21/03/2025 ORDER WP.No.7023 of 2025 0 9 APR 2025 ^ . Current Section . ^ ^^»PespATcH<^S^ DISPOSING OF THE W.P. WITHOUT COSTS