IN THE HIGH CQURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 14145 OF 2024 Between: P.Krishna Kumar, S/o Late Kullayappa, D.No. 7/443, Anjaneyaswami colony, Bugga Road, Yadiki village and Mandal, Ananthapuramu district (Owner of the seized vehicle bearing No.TS28T3560 ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, CS Ananthapur District at Anantapur 3. The Tahsildar, PDS Yadiki Mandal, Anantapur District 4. The Station House Officer, Yadiki Police Station Anantapur District ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent No 2 herein in issuing the impugned order dt 10.11.2023 bearing Rc. No. K6/517/2023 directing the petitioner to furnish Bank Guarantee for an amount of Rs 1,00,000/- for release of seized vehicle bolero bearing No.TS 28 T 3560 seized in crime No. 183 of 2023 dated 12.10.2023 on the file of the 4th respondent as being illegal arbitrary and € unjust and consequently direct the 2nd respondent herein to modify the condition imposed in impugned order dt 10.11.2023 bearing Rc. No. with regard to furnishing of Bank Guarantee to that of the i Immovable property security. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to directing the respondent No 2 herein to issue orders for release of the petitioners vehicle bolero bearing No.TS 28 T 3560 pending disposal of the above writ petition. Counsel for the Petitioner: M/S. PILLIX LAW FIRM 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 c APHC010280302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 14145/2024 Between: ...PETITIONER P.Krishna Kumar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PILLIX LAW FIRM Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; . .to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent No 2 herein in K6/517/2023 directing the petitioner to furnish Bank Guarantee for an amount of Rs 1,00,000/- for release of seized vehicle bolero bearing No.TS 28 T 3560 seized in crime No. 183 of 2023 dated 12.10.2023 on the file of the 4th respondent as being illegal arbitrary and unjust and consequently direct the 2nd respondent herein to modify the condition imposed in impugned order dt 10.11.2023 bearing Rc. No. K6/517/2023 with regard to furnishing of Bank issuing the impugned order dt 10.11.2023 bearing Rc. No. 2 JS.J W.P,No.14145/2024 Guarantee to that of the Immovable property security and to pass such other orders as may be deem fit and proper in the circumstances of the The petitioner is the owner of vehicle bearing No.TS 28 T 3560. He is plying the vehicle for transportation of goods and eking out his livelihood. The respondents have intercepted the vehicle and registered a No. 183 of 2023 under Section 7 (1) of Essential Commodities Act. The 2'^'^ respondent has passed orders to remit the monetary penalty of Rs. 1,00,000/- for release of the seized vehicle. Aggrieved by the same, the Writ Petition is filed. case. 2. case in crime 3. Learned counsel for the petitioner submits that the petitioner is eking out his livelihood by transporting goods and he is not aware that the rice bags loaded in his vehicle are PDS rice. He also submits that the vehicle is with the respondents for the last few months. Due to financial constraints, the petitioner is unable to pay the penalty as stated in the endorsement and requests this Court to allow the petitioner to provide third party surety/collateral security/personal bond for the release of the seized stock. 4. Learned counsel for the petitioner further submits that the petitioner is ready to file an application before the 2""' respondent about furnishing third party surety for release of the seized vehicle bearing No.TS 28 T 3560. Considering the submissions made by the learned counsel for the petitioner, this Court finds it appropriate to dispose of this writ petition by directing the petitioner to file an affidavit before the 2"^^ respondent showing the third party surety, within a period of two (2) weeks from the date of receipt 5. 3 ‘€ JS,J W.P.No.14145/2024 of a copy of the order. Upon moving such an application, the respondents shall pass appropriate orders on the same, within a period of one (1) week. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- N NAGAMMA ASStSTANT REGISTRAR //TRUE COPY// I?" ^ SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, Secretariat Velagapudi, Amaravati, Guntur District. The District Collector, CS Ananthapur District at Anantapur The Tahsildar, PDS Yadiki Mandal, Anantapur District The Station House Officer, Yadiki Police Station Anantapur District One CC to M/s. Pillix Law Firm, Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] Two CCs to GPfor Home, High Court of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. 8. TF HIGH COURT DATED:25/03/2025 ORDER WP.No.14145 of 2024 C 2 5 APR 2025 ^ . Current oecuon ^ DISPOSING OF THE W.P., WITHOUT COSTS