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2025 DAILYLAW 18874 (AP)

M/s Sri Manjunatha Rice Mill, v. State of Andhra Pradesh,

WP/13233/2025 · 2025-05-08

Sumathi Jagadam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 13233 OF 2025 Between: M/s Sri Manjunatha Rice Mill 2/1066, Peddapalasapadu Road, Jammalamadugu, YSR Kadapa District, Rep by its Proprietor Mr. A. Siva Prasad S/o Chinna Veeraiah. ...PETITIONER AND 1. State of Andhra Pradesh, Rep by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi Guntur District. 2. The District Collector (Civil Supplies), YSR Kadapa District. 3. The Joint Collector (Civil Supplies), Jammalamadugu, YSR Kadapa. 4. The Enforcement Deputy Tahsildar, (Civil Supplies) Jammalamadug Mandal, YSR Kadapa District. 5. The Enforcement Deputy Tahsildar, (Civil Supplies) Badvel, YSR Kadapa District. 6. The Inspector of Police, Badvel Urban Police Station, Badvel Kadapa District u , YSR ...RESPONDENTS praying that in may more particularly one of the respondents in seizing rice of 300 quintals and lorry bearing number AP07TF7369 vide proceedings dated 08.03.2025 without considering the fact that rice IS purchased by the petitioner through a public auction conducted by Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, direction, order or orders in the nature of Writ of Mandamus declaring the action the seized Food Corporation of India vide 29.12.2024 and 24.01.2025 release orders dated 28.12.2024, provisions being unconstitutional and 14 and 19{1)(g) of the consequently set aside the same and direct the respondents to release the seized rice of 300 quintals and lorry bearing number AP07TF7369 to the petitioner. as arbitrary, illegal and contrary to of the Essential Commodities Act, 1955 besides violative of the rights guaranteed under Articles Constitution of India and lA NO: 1 OF 2n9R 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 to grant interim 300 quintals of rice and lorry bearing number AP07TF7369. Counsel for the Petitioner: SRI SAI MANOJ REDDY L Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.6: GP FOR HOME custody of the seized The Court made the following: ORDER APHC010261842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3459] m FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 13233/2025 Between: ...PETITIONER Sri Manjunatha Rice Mil AND ...RESPONDENT The State Of Ap Counsel for the Petitioner: TSAI MANOJ REDDY L Counsel for the Respondent: 1. The Court made the following ORDER: The present writ petition is filed under Article 226 of Constitution of India seeking the following relief: “...to issue a writ, direction, order or orders more particulariy one in the nature of Writ of Mandamus declaring the action of the respondents in seizing rice of 300 guintals and lorry bearing number AP07TF7369 vide proceedings dated 08.03.2025 without considering the fact that the seized rice is purchased by the petitioner through a public auction conducted by Food Corporation of India vide release orders dated 28.12.2024, 29.12.2024 and 24.01.2025 as arbitrary, illegal and contrary to provisions of the Essential Commodities Act, 1955 besides being un-constitutional and violative of the rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and conseguently set aside the same and direct the respondents to release the seized rice of 300 guintals and lorry bearing number AF07tf7369 to the petitioner and to pass such other order(s) as this Hon'ble Court deems fit and proper...” 2. At the stage of admission, both the learned counsel for the petitioner well as learned Assistant Government Pleader, have consented for disposal of the writ petition. as 3. In view of the same, without going into merits of the case, the Writ Petition is disposed of directing the respondents to pass appropriate orders on the 6-A proceedings which are pending before the 3'’'^ respondent, within four (4) weeks from the date of receipt of a copy of this order, by giving reasonable opportunity to the petitioner. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- P.VINOD KUMAR assistant REGIST^RAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 2. The District Collector (Civil Supplies), YSR Kadapa District. 3. The Joint Collector (Civil Supplies), Jammalamadugu. YSR Kadapa. 4. The Enforcement Deputy Tahsildar, (Civil Supplies) Jammalamadugu Mandal, YSR Kadapa District. 5. The Enforcement Deputy Tahsildar, (Civil Supplies) Badvel, YSR Kadapa District. 6. The Inspector of Police, Badvel Urban Police Station, Badvel, YSR Kadapa District 7. One CC to Sri Sai Manoj Reddy L, Advocate [OPUC] 8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:09/05/2025 ORDER f 2 3 JUN 2025 _ WP.No.13233of2025 m CO SxurrentSectigft^'"^^ DISPOSING OF THE W.P. WITHOUT COSTS