***«i5«» IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13546 OF 2025 Between: 1. M/s. Sri Venkata Seshadri Modern Rice Mill, Vengaiahgaripalem Road, Kandukur, SPS Nellore District. Rep by its Proprietor, Kurapati Venka Reddy 2. Sangana Iswarya, W/o. Naresh, Aged 26 Years, Owner of Lorry bearing NO.TS15 UD 1586, R/o. D.No.11-33-921/3, Vengala Rao Nagar, Kandukur, SPS Nellore District, A.P. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Collector (Civil Supplies), Nellore, SPS Nellore District. 3. The Civil Supplies Deputy Tahsildar, Kandukur, SPS Nellore District. 4. Sub-Inspector of Police, Ulavapadu P.S, SPS Nellore District. ...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, direction or writ ore particularly one in the nature of writ of Mandamus deGlaring the respondent No.4 in seizing 160 Qtls of broken rice contained in 320 bags each weighing 50 kgs belongs to the 1®‘ petitioner along with lorry bearing TS15 1586 belongs to the 2 nd petitioner under cover of Panchanama dt.06.12.2024 respectively and further order of the 2 nd respondent passed in Rc.B2.274/2024, dt.06.05.2025, wherein and where under ordered to sell the seized stock through public auction and directing the 2^^ Petitioner to furnish the bank FDR for an amount of Rs.6,82,500/- from any Nationalized Bank for a period of 3 Years validity for release of the seized lorry bearing No.TS15 UD1586 as illegal, arbitrary, without any authority of law or jurisdiction and violative of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents to release the seized stock to the 1®‘ petitioner and lorry to the 2^^^ petitioner and not to take any action i pursuance of the illegal seizure. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the seized stock to the 1®* petitioner and the lorry bearing No. TS15 UD1586 to the 2nd petitioner by suspending the order of the 2 respondent passed in Rc.B2.274/2024, dt.06.05.2025, pending disposal of writ petition. Counsel for the Petitioners : SRI V. SUDHAKAR REDDY Counsel for the Respondent Nos.1 to 3 : GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4 : GP FOR HOME The Court made the following: ORDER •5’ APHC010274702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [0] r ‘l THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13546/2025 Between: M/s Sri Venkata Seshadri Modern Rice Mill and another ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.VSUDHAKAR REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 2 HCGR,J W.P.No.l3546of2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief/s:- “...to issue an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of respondent No. 4 in seizing 160 Qtls of broken rice contained In 320 bags each weighing 50 kgs belongs to the 1^^ petitioner along with lorry bearing No.TS15 UD 1586 belongs to the 2"^ petitioner under cover of Panchanama dt.06.12.2024 respectively and further order of the 2^^ respondent passed in Rc.B2.274/2024, dt.06.05.2025, wherein and whereunder ordered to sell the seized stock through public auction and directing the 2"^ petitioner to furnish the bank FDR for an amount of Rs.6,82,500/- from any Nationalized Bank for a period of 3 years validity for release of the seized lorry bearing No.TS 15 UD 1586 as illegal, arbitrary, without any authority of law or jurisdiction and violative of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the provisions of the Essential Commodities Act, 1955 and the Orders made thereunder and set aside the same and consequently direct the respondents to release the seized stock to the petitioner and lorry to the 2”^ petitioner and not to take any action in pursuance of the illegal seizure and pass such other order or orders in the interest ofjustice." Heard Sri V.Sudhakar Reddy, learned counsel appearing for 2. the petitioners and learned Government Pleader for Civil Supplies appearing for the respondents. petitioner is stated to be the owner of broken rice which was being transported by the vehicle owned by 2"^^ petitioner. The 2'^^ petitioner was transporting 160 quintals of broken rice from Kavali to Singarayakonda, which was intercepted on the way and on verification of the same, the 4‘^ respondent has seized both the 3. 3 HCGRJ W.P.N0.13S46 of 2025 broken rice as well as the lorry carrying the same. Crime No. 161/2024 came to be registered under Section 318(4) read with Section 3(5) of BNS and Section 7 of the EC Act. Petitioner has filed application before the 2"'^ respondent for release of the stock and also the vehicle. By impugned proceedings, dated 06.05.2025, 2 respondent has rejected the release of stock and in so far as release of vehicle, the same has been ordered subject to petitioner furnishing Bank guarantee for an amount of Rs.6,82,500/- pending finalization of Section 6-.A proceedings. Assailing the same, present writ petition is filed. nd i.1 < Learned counsel for the petitioner has placed on record the orders, dated 29.02.2024 and 25.03.2025 passed by the Co-ordinate Bench of this Court in W.P.No.5306 of 2024 and W.P.No.20257 of 2024 respectively, wherein pending Section 6-A proceedings, released the stock as well as the vehicle, on condition of providing personal or third party immovable property as security equivalent to valuing the seized stock and also the vehicle and learned counsel seeks to pass similar order. 4. 5. Learned Government Pleader appearing for the respondents does not refute the aforesaid submission. 6. In view of the same, the Writ Petition stands disposed of by directing the respondents to release the seized stock of broken rice to the 1®' petitioner and seized lorry bearing No.TS 15 UD 1586 to 4 HCGR.J W.P.No.13546 of 2025 petitioner, on condition of furnishing personal or third party nd the 2 immovable property as security equivalent to value of seized stock and the said vehicle, within a period of two weeks from the date of receipt of this copy of this order. Further, the 2'^'^ petitioner shall submit an undertaking that after release of the seized lorry, he will not alienate or tamper the same, pending disposal of Section 6-A proceedings. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT^^ISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. ^ 2. The Collector (Civil Supplies), Nellore, SPS Nellore District. 3. The Civil Supplies Deputy Tahsildar, Kandukur, SPS Nellore District. 4. The Sub-Inspector of Police, Ulavapa'^ P.S, SPS Nellore District. 5. OneCCto Sri V. Sudh^r Reddy, Advocate [OPUC] 6 Two CCs to GP for Civil Smplies, High Court of Andhra Pradesh. [OUT] ^ 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies.^ Cnr HIGH COURT DATED: 15/05/2025 VACATION COURT ORDER WP.No.13546 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS