IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010292162025 FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14757 OF 2025 Between: 1. Avula Samual Arudhathipalem Village, Kavali Town, SPSR Nellore District. 2. Shaik Imran, S/o. Jaleel, aged about 37 years, R/o. D. No.7-27-9, Near Penkula Factory, Girijana Colony, Kavali Town and Kavali Mandal, SPSR Nellore District. R/o. aged about 50 years. S/o. Thimothi ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs Food and Civil Supplies Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Collector (CS), Prakasam District at Ongole. 3. The Enforcement Deputy Tahsildar Darsi Mandal, Prakasam District. 4. The Sub-Inspector of Police, N.G. Padu Police Station, N.G. Padu, Prakasam District. ...Respondent(S): 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 a writ order or orders more particularly one in nature of writ of Mandamus declaring the action of 2nd respondent in passing the orders in t- RC.CS1/6A/44/2025 dated 05.05.2025, and directing the petitioners to furnish Bank G^ar^ntee for releasing the Vehicles of Mini Lorry bearing No.AP39 TU bearing No.AP39 TU 1015, pending the disposal of 6-A - > Proceedin|s being illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently set aside the proceedings No. Rc.CS1/6A/^/2025 dated 05.05.2025, by directing the respondents to release the petitioners vehicles Mini Lorry bearing No.AP39 TU 4972 and Mini Lorry bearing No.AP39 TU 1015 on furnishing third party immovable property security as a surety. 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 suspend the orders passed by the 2nd respondent RC.CS1/6A/44/202 5 dated 05.05.2025, by directing the respondents to release the petitioners vehicles Mini Lorry bearing No.AP39 TU 4972 and Mini Lorry bearing No.AP39 TU 1015 on furnishing third party immovable property security as a surety pending disposal of the above writ petition. Counsel for the Petitioners: SRI MADHAVA RAO NALLURI 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 APHC010292162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] -ra-T! FRIDAY. THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14757/2025 Between; ...PETITIONER(S) Avula Samual and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); 1 .MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 2 The Court made the following ORDER: The petitioners claim that they are the owners of the lorry bearing registration Nos.AP 39 TU 4972 and AP 39 TU 1015. further case of the It is petitioners that, on 03.02.2025, the 3'^^ respondent-Enforcement Deputy Tahsildar, along with Enforcement authorities, Ongole-I, intercepted the vehicles and upon search, it was found that the subject lorries were transporting PDS rice without proper invoices and accordingly, the said lorries were seized. Thereafter, 3rd respondent initiated proceedings under Section 6-A of EC Act, 1955. It is further case of the petitioners that they made applications before the 2"^^ respondent-Collector seeking to release the subject vehicles and after hearing parties nd the 2 respondent issued proceedings in Rc.CS1/6A/44/2025, dated 05.05.2025, directed to release the subject vehicles petitioners to furnish bank guarantee for an amount of Rs.3,00,000/- each. Questioning the said order, the present writ petition is fiied. on condition that 2. Learned counsel for the petitioners submits that the petitioners are ready to furnish third party security towards the value of subject vehicles instead of furnishing bank the guarantee. Learned 3 ■ 1 counsel for the petitioners, in support of his contentions, placed reliance on order dated 15.02.2022 passed in Writ Appeal No.201 of 2022. In the said appeal, the Division Bench of this Court while disposing of the matter, directed the appellants therein to furnish third party immovable property security to the value of the vehicles. Learned Assistant Government Pleader did not dispute the 3. same. 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, on furnishing third party immovable property security for an amount of Rs.3,00,000/- (Rupees Three Lakhs Only) each by the petitioners. The petitioners are further directed to file undertaking before the 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 4. recital that the petitioners shall not substantially alter or change the condition of the subject vehicles. There shall be no order as to costs. 4 As a sequel, Miscellaneous applications pending, if any, shall stand closed. SD/- N. NAGAMMA ' ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Consumer Affairs Food and Civil Supplies Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Collector (CS), Prakasam District at Ongole. 3. The Enforcement Deputy Tahsildar, Darsi Mandal, Prakasam District. 4. The Sub-Inspector of Police, N.G. Padu Police Station Prakasam Di.strict. 5. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Two CD Copies N.G. Padu, TF T HIGH COURT 1 DATED:20/06/2025 ORDER WP 14757/2025 OfANDH^ g 11J11L20K ^ Current Section ^ ^PATC^ % S=- o o m DISPOSING OF THE W.P., WITHOUT COSTS