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2025 DAILYLAW 13927 (AP)

Navadurga Rice Traders v. The State of Andhra Pradesh

WP/9273/2025 · 2025-06-29

T C D Sekhar

body2025

Judgment text

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\ APHC010169512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)' MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ^ V PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9273 OF 2025 . Between: Navadurga Rice Traders, Rep. by its Proprietor, Thupakula Pavan Kalyan, D.No.6/720, Proddatur Road, Mydukur Town, YSR Kadapa District. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.' The Joint Collector, Kadapa, YSR District. The Tahsildar, Badvel Mandal, YSR District. The Enforcement Deputy Tahsildar C S, Badvel, YSR District., 1. 2. 3. 4. ...Respondents Petition under Article 22^^ of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ order or direction particularity one in the nature of Writ of Mandamus declaring the action of the Respondent authorities sizing the stock under panchanama dated 04-12-2024and in action of proceeding under section 6(A) of EC Act by the 2nd Respondent as illegal, improper arbitrary and without any power of authority under law and violation of Articles of 14 and 19(1) (g) of the constitution of India and contrary to the provisions of Essential Commodities Act, iss's and the orders made there praying that in the under consequently direct the respondent authorities to release the seized stock to the petitioner, v ■, / 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 ^e pleased to direct the Respondent Nos. 2 to 4 release the stock i.e., 600 bags of rice in favour of the Petitioner as per the Panchanama dated: 04-12-2024 by furnishing third Party Security, for value of seized stock Rs. 12,57,865/-' (Rupees Twelve lakhs Fifty Seven Thousand and Eight Hundred Sixty Five only) pending disposal of the above writ petitiorr^.x"' Counsel for the Petitioner: SMT. POPURI LAKSHMI PRIYANVITA Counsel for the Respondent: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010169512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9273/2025 Between: ...PETITIONER Navadurga Rice Traders AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.POPURI LAKSHMI PRIYANVITA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES t The Court made the following order: It is the case of the petitioner that it purchases paddy from the farmers, and after milling the same, sold to the needy customers. It is further case of the petitioner that on 04.12.2024, the 4*^ respondent intercepted the petitioner’s lorry and found that it was illegally transporting PDS rice, and seized 600 bags of ‘ rice (30310 kgs). The seized stock is handed over to the 3'^'^ respondent for pending proceedings under Section 6-A of the Essential Commodities Act, 1955. It is further case of the petitioner that, it filed petition before the 2"'^ respondent 27.02.2025, seeking to release the seized stock of 600 bags of rice. The 2 on nd respondent, rejected the said application by impugned endorsement dated 27.03.2025. Questioning the same, the present writ petition is filed. 2. The learned counsel for the petitioner strenuously contends that, while seizing the stock, the respondents did not 1/ adhere to the procedure contemplated under law and has to conclusion that, the rice being transported by the petitioner is PDS rice. come V 3 On the other hand, learned Assistant Government Pleader 3. for Civil Supplies would submit that, a Pandhanama was drawn, and a report was forwarded to the 2"^ respondent for initiating ■action under Section 6-A against the petitioner, inasmuch as the driver of the vehicle produced xerox copies of fabricated invoice bills and did not produce the evidential proof in support of the seized stock. He would further submit that, the inspecting officials collected samples and the same were sent for analysis to technical team, and pursuant thereto, the District Civil Supplies Manager, APSCSCL, YSR Kadapa District, by order dated 04.12.2024, confirmed that the samples collected by the officials found to be PDS rice. He would further submit that, in similar circumstances, in the case of the petitioner itself, this Court directed the respondents to conclude 6-A proceedings within a period of one (01) month from the date of the order. In support of his contention, reliance is placed on order dated 09.05.2023, passed in WP No.4165 of 2023. were The learned counsel for the petitioner did not dispute the 4. same. I 4 Having considered the submissions made by both the learned counsel, the present writ petition is disposed of directing the respondents to conclude 6-A proceedings within a period of one (01) month from the date of receipt of copy of this order. It is needless to mention that, if the respondents failed to conclude the same within the time stipulated, they are further directed to release the seized stock to the petitioner on furnishing third party immovable property security to the value of the seized stock. There shall be no order as to costs. 5. As a sequel, pending applications, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR CTION OFFICER //TRUE COPY// SE To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Kadapa, YSR District. 3. The Tahsildar, Badvel Mandal, YSR District. 4. The Enforcement Deputy Tahsildar C S, Badvel, YSR District. 5. One CC to Smt Popuri Lakshmi Priyanvita Advocate [OPUC] 6. Two CCs to GP for Civil Supplies High Court of Andhra Pradesh [OUT] 7. Three CD Copies GSC HIGH COURT DATED:30/06/2025 ORDER WP 9273/2025 DISPOSING THE WP WITHOUT COSTS