APHC010180542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10395 OF 2025 Between: Manjunatha Traders., Rep. by its Proprietor, T. Gurusharath Kumar Yadav, S/o. Gurrappa, Hindu aged 32 years R/o. D.No.5/26, Vijayanagaram Street. Proddatur Town, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Kadapa, YSR District. 3. The Tahsildar, Proddatur Mandal, YSR District. 4. Sub-Inspector of Police, Rural Police Station, Proddatur, YSR District. ...Respondent(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities seizing the stock under panchanama dated 08-12-2024 and in action of proceeding under section 6(A) of EC Act by the second 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, 1955 and the orders made there under consequently direct the respondent authorities to release the sezied stock to the petitioner 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 may be pleased to direct the Respondents 2 to 4 release the stock i.e., 220 bags of rice in favour of the Petitioner as per the Panchanama Dated; 08-12- 2024 by furnishing Third Party Security, for value Rs.5,15,120/- (Rupees Five lakhs Fifteen thousand and One hundred only) pending disposal of the above writ petition Counsel for the Petitioner: M/S. POPURI LAKSHMI PRIYANVITA Counsel for the Respondents No.1 to 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No:4: GP FOR HOME The Court made the following: Order of sezied stock twenty IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10395/2025 APHC010180542025 [3505] / Between: ...PETITIONER Manjunatha 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 HOME 2.GP FOR CIVIL SUPPLIES 2 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 08.12.2024, respondent intercepted the petitioner’s lorry and found that it was illegally transporting PDS rice, and seized 220 bags of handed over to the 3 th the 4 rd rice (10560 kgs). The seized stock is 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 respondent on 06.03.2025, seeking to release the seized stock of 220 bags of respondent, rejected the said application by impugned endorsement dated 01.04.2025. Questioning the the present writ petition is filed. nd rice. The 2 same. learned counsel for the petitioner strenuously contends that, while seizing the stock, the respondents did not adhere to the procedure contemplated under law and has come to conclusion that, the rice being transported by the petitioner is 2. The PDS rice. 3 On the other hand, learned Assistant Government Pleader for Civil Supplies would submit that, a Panchanama 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 09.12.2024, 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. 3. were The learned counsel for the petitioner did not dispute the 4. same. 4 rnsde by both tho considered the submissions 5. Having learned counsel, the present writ petition is disposed of directing 6-A proceedings within a period of of this order. It is the respondents to conclude (01) month from the date of receipt of copy if the respondents failed to conclude one needless to mention that, within the time stipulated, they are further directed to furnishing third party the value of the seized stock. the same release the seized stock to the petitioner on immovable property security to There shall be no order as to costs. , shall stand sequel, pending applications, if any As a closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To. 1. The Principal Secretary, State of Andhra Pradesh, Civil Supplies Secretariat Buildings, Velagapudi, Amaravathi, Guntur Department, District. 2. The Joint Collector, Kadapa, YSR District. 3. The Tahsildar, Proddatur Mandal, YSR District. 4. Sub Inspector of Police, Rural Police Station, Proddatur, YSR District. 5. One CC to SRI POPURI LAKSHMI PRIYANVITA Advocate [OPUC] 6. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh [OUT] 8. Two CD Copies 'St^ I i f RAM CC BY high court DATED;30ro6;2025 ORDER WP.No. 10395 of 2025 s disposing of the wp WITHOUT COSTS 5 m