APHC010210502025 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: 10919 OF 2025 Between; M Nagaraju, S/o. M Subbarayudu, Aged about 36 years, Occ; Business D.No.3/29, Kammapalem Village, Sidhout Mandal, 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, Sidhout Mandal, YSR District. The Enforcement Deputy Tahsildar CS, Sidhout, YSR District. 1. 2. 3. 4. ...Respondents 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 declaring the action of the Respondent nature of Writ of Mandamus authorities seizing the stock under panchanama dated 15-02-2025 and 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, 1955 and the orders made A c there under consequently direct the respondent authorities to release the seized 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 to direct the Respondents 2 to 4 release the stock i.e., 483 bags of rice in favour of the Petitioner as per the Panchanama dated: 15-02-2025 by furnishing third Party Security, for value of sezied stock Rs.8,76,760/- (Rupees Eight Lakhs Seventy Six Thousand and Seven Sixty only) pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s POPURI LAKSHMI PRIYANVITA Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010210502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] r MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10919/2025 Between; ...PETITIONER M Nagaraju 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 ' 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 15.02.2025, the 4**^ respondent intercepted the petitioner’s lorry and found that it was illegally transporting PDS rice, and seized 483 bags of rd rice (19,060 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 on 25.02.2025, seeking to release the seized stock of 483 bags of rice. The 2^^^ respondent, rejected the said application by impugned endorsement dated 19.04.2025. 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 adhere to the procedure contemplated under law and has come to conclusion that, the rice being transported by the petitioner is PDS rice. 3 m 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 17.03.2025, confirmed that the samples collected by the officials were 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. 4. The learned counsel for the petitioner did not dispute the same. * 4 considered the submissions made by both the 5. Having learned counsel, the present writ petition is disposed of directing conclude 6-A proceedings within a period of the respondents to month from the date of receipt of copy of this order. It is one (01) mention that, if the respondents failed to conclude 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. needless to the same shall stand As a sequel, pending applications, if any closed. SD/- N NAGAMMA i ASSISTANT REGISTRAR ( //TRUE COPY// SECTION OFFICER 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, Sidhout Mandal, YSR District. 4. The Enforcement Deputy Tahsildar CS, Sidhout, YSR District. 5. One CC to M/s Popuri Lakshmi Priyanvita, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:30/06/2025 ORDER WP.No. 10919 of 2025 0 3 JUL 2025 DISPOSING OF THE WP WITHOUT COSTS