Extracted from the PDF above. The PDF is authoritative.
APHC010159012025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8110/2025 Between: Pinnapareddy Anitha ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. V SUDHAKAR REDDY 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 order, direction or writ. more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in seizing Ashok Leyland lorry bearing No.AP26TF3663 of the petitioner along with rice near Vengaiahgaripalem, Kavali under a cover of Panchanama, dt.04.12.2024 and the consequential order Rc.B2.33/2025 dt.24.02.2025 issued by the 2nd respondent directing the petitioner to produce Bank FDR for Rs.3,09,400/- from any Nationalized Bank and to submit the same for release of the lorry as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act 1955 and the Control Orders made there under
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and consequently direct the respondents to release the Ashok Ley land lorry bearing No.AP26TF3663 to the Petitioner and not to take any action in pursuance of the illegal seizure and pass…”
2. The grievance of the petitioner is that, the petitioner has filed petition before the 2nd respondent/Collector (Civil Supplies) to release the seized vehicle lorry bearing No.AP 26 TF 3663. The 2nd respondent has issued proceedings vide Rc.B2.33/2025, dated 24.02.2025, directing the petitioner to obtain a Bank Guarantee for an amount of Rs.3,09,400/- 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 security for the release of the seized vehicle.
4.
Learned counsel for the petitioner further submits that the petitioner is ready to file an application before the 2nd respondent about furnishing third party security for release of the seized lorry bearing No. AP 26 TF 3663.
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 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 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 pending, if any, shall stand closed.
______________________________ SMT JUSTICE SUMATHI JAGADAM Date: 27.03.2025 KAS
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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 8110/2025
Date: 27.03.2025 KAS