IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14523 OF 2025 Between: 1. Villa Reddynaidu, S/o Late Venkata Rao, aged about 80 years, R/o Polakuru Village Tallarevu Mandal, East Godavari District. Mohammed Sajjad, S/o Sattar, Aged about 39 years, Proprietor, Triple S Fuel, Cab Business Solutions, D.No.45-58-18/1/3, Rajeshwari Plaza, Visakhapatnam. M/s Oil on Wheels Vizag Pvt Ltd, Gajuwaka, Visakhapatnam City, Rep. by its Director, Goluguri Vijayalakshmi. 2. 3. ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary (Civil Supplies) Department, Secretariat, Velagapudi, Guntur Dist. The Joint Collector, Visakhapatnam Dist., at Visakhapatnam. The Assistant Supply Officer, Gajuwaka, Circle-Ill, Collectorate Visakhapatnam City. 2. 3. ...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 or direction more particularly in the nature of Writ of Mandamus declaring the Memo issued by the 2nd respondent vide SR.No. 104/2025/SI dt 11- 06-2025 (to the extent of imposing condition) directing the petitioner to furnish the Bank Guarantee for Rs. 10,00,000/- each for release of seized Lorry bearing Registration No.AP 05 TA 1278 and AP 39 UT 3781 (Mini Mobile Tanker), which seized for the offence under Sec.6-A of Essential Commodities Act, 1955 on the alleged transportation of Diesel is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the condition imposed by the 2nd respondent and further direct the respondents to release the seized vehicles in favour of the petitioners No.1 and 2. was 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 to release the seized Lorry bearing Registration No. AP 05 TA 1278 and AP 39 UT 3781 (Mini Mobile Tanker) in favour of the petitioners, pending disposal of the Writ Petition. Counsel for the Petitioner; SRI. VV N NARAYANA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010287412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY JHE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14523/2025 Between: Villa Reddynaidu, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitloner(S): 1.VVN NARAYANA RAO Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ...RESPONDENT(S) 2 / ORDER; The petitioners claim that they are the owners of the lorry bearing registration No.AP 05 TA 1278 and lorry bearing registration No.AP 39 UT 3781. 1. 2. It is further case of the petitioners that on 01.05.2025 at about 12.00 Noon Respondent No.3 along with Vigilance Officer, Visakhapatnam inspected the yard where the subject vehicles are parked and upon verification, it was found that the subject lorries were transporting diesel unauthorizedly without proper invoices, accordingly, the said lorries was seized. Thereafter, a report was submitted to the Respondent No.2 on 02.05.2025 for initiating proceedings under Section 6-A of EC Act, 1955. It is further case of the petitioners that they made applications before the Respondent No.2 seeking to release the subject vehicles and after hearing parties, the Respondent No.2 by impugned memo dated 11.06.2025, ordered to release the subject vehicles by directing the petitioners to furnish bank guarantee for an amount of Rs. 10,00,000/- each. 3. A A 4. The present writ petition is filed questioning the said issued by Respondent No.2 in so far imposing such onerous The counsel for the petitioners submitted that the petitioners are ready to furnish third party security towards the value of the subject vehicles instead of furnishing bank guarantee as per the impugned memo, dated 11.06.2025. memo condition. 5. The learned counsel for the petitioners plead reliance order, dated 15.02.2022 passed in Writ Appeal No.201 of 2022. In the said appeal, the Division Bench of this Court disposing of the matter, directed the appellants therein to furnish third party immovable property security to the value of the vehicles. on while 6. Learned Assistant Government Pleader did not object to pass the similar order. 7. Having considered the submissions made by the learned counsel for the petitioners, the present writ petition is disposed of, directing the respondents to release the subject vehicles furnishing third party immovable property security for an amount of Rs. 10,00,000/- (Rupees ten lakhs only) each by the petitioners. The petitioners are further directed to file undertaking before the , on 4 respondents that they shall not alienate or create third party interest over the subject vehicles during pendency of the 6-A proceedings. It is needless to mention that the said undertaking shall also contain a recital that the petitioners shall not substantially alter or change the condition of the subject vehicles. With the above directions, the present writ petition is 8. disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. SD/- K 3RINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER To 1. The Principal Secretary (Civil Supplies) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur Dist. 2. The Joint Collector, Visakhapatnam Dist., at Visakhapatnam. 3. The Assistant Supply Officer, Gajuwaka, Circle-Ill, Collectorate Visakhapatnam City. 4. One CC to Sri. VV N Narayana Rao Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC I HIGH COURT DATED: 19/06/2025 ORDER WP.No.14523 of 2025 21 JUN 2025 C9 rrtntSectio,ijX* vsS DISPOSING THE WP WITHOUT COSTS