APHC010148022025 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: 7550/2025 Between: Ummidisetti Gangasiva and another ...PETITIONER(S) AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR HOME 2. 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 respondents in not granting the interim custody of two vehicles i.e., Ashok Lay Land Ecomet Star Vehicles bearing Nos.1) AP 39UF2357 and 2) AP 39UF2889 as well as rise of 282.60 quintals in 628 bags seized under Mediation Report dated 05.02.2025, in FIR No.36 of 2025 on the file of the SHO, Veeravalli P.S., Krishna registered under Section 318(4) read with 3(5) BNS & Section 7 of ECA as arbitrary, illegal and vioative of A.P.E.C.Act, 1955 and Rules there under and 2 consequently direct the respondents to release the seized vehicles and stock of Rice forthwith and pass such other orders as may be deem fit and proper in the circumstances of the case.” 2. The case of the petitioners that the 4th respondent/Deputy Tahsildar, Gannavaram and Mandal Revenue Inspector, Bapulapadu on information checked the vehicles i.e. AP 39UF2357 and AP 39UF2889 and found 282.60 quintals in 628 bags of Rice. The said vehicles and rice were seized under Mediation Report dated 05.02.2025 on the premise that the rise belongs to PDS and the same cannot be permitted to sell in public market. A case was registered in FIR No.36 of 2025 on the file of the SHO, Veeravalli P.S., Krishna registered under Section 318(4) read with 3(5) BNS & Section 7 of ECA. 3. Learned counsel for the petitioners submits that the petitioners neither committed nor involved in any offences as alleged by the respondents in FIR No.36 of 2025 and further submits that the petitioners have made a representation on 10.02.2025 to the 3rd respondent for release of the vehicles as well as the seized stock. But, the respondents have not passed orders till today. The petitioners are ready and willing to provide requisite security for the interim custody of the vehicles and stock and prayed to release the vehicles and stock. 4. On the other hand, learned Assistant Government Pleader submits that petitioners can approach the Joint Collector by making an 3 appropriate application for release the seized vehicles and stock and on moving such application, the respondents will consider and pass appropriate orders. 5. In view of the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader, this Court deems it appropriate to dispose of this writ petition with a direction to the petitioner to make an appropriate application to the 3rd respondent/Joint Collector within a period of one week from the date of receipt of a copy of this order and on receipt of the said application, the 3rd respondent shall consider the same and pass appropriate orders by giving a reasonable opportunity of hearing to the petitioner. 6. With the above direction, 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. ______________________________ SMT JUSTICE SUMATHI JAGADAM Date : 24.03.2025 SPP 4 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO.7550 of 2025 Date : 24.03.2025 SPP