APHC010293742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14772 OF 2025 Between: Singamsetti Naga Venkata Venugopala Krishna, S/o. Jayaraju, aged about 42 years, Occ: Business, M/s. Venkata Satyanarayana Trading Company, R/o. Jangareddigudem village and Mandal Eluru District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Excise) Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Proh & Excise, A.P., Mangalagiri 3. The Dy Commissioner, Proh. Excie, Eluru, Eluru District. 4. The Station House Officer, Jangareddigudem Proh. and Excise Station Eluru 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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in taking steps to shift the entire stock seized in relation to FIR No. 217/2022 on the file of the 4TH respondent from the shop No. 166 St. No. 220, Rajaklapeta, Janghareddygudem village and Mandal, Eluru District, and to handover the said shops to the landlord inspite of the repeated 0- personal visits followed by legal notice dt. 13-2-2025, as being illegal arbitrary, unconstitutional. 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 respondent authorities to forthwith shift the entire stocks and kept in the shop No. 166 St.No. 220, Rajaklapeta, Janghareddygudem village and Mandal, Eluru Distict and to handover the vacant and physical possession of the shop to the petitioner to enable him to handover the to the landlod, pending disposal of the main Writ Petition. same Counsel for the Petitioner: M/s. PILLIX LAW FIRM Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14772/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the respondent authorities in taking steps to shift the entire stock seized in relation to FIR No. 217/2022 on the file of the 4^^ respondent from the shop No. 166, St. No. 220, Rajaklapeta, Janghareddygudem village and Mandal, Eluru Distict and to handover the said shops to the landlord inspite of the repeated personal visits followed by legal notice dated 13.02.2025 as being illegal, arbitrary, unconstitutional and pass such other order. ” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that pursuant to the registration of Cr.No.217/2022 on the file of the 4*^ respondent, the stock of Jaggery of the petitioner was seized and kept in shop No.166, St.No.220, Rajaklapeta, Janghareddygudem Village and Mandal, Eluru District. Due to keeping the entire stock of Jaggery at the subject shop since then, the petitioner has been Rs.40,000/- per month as rent/storage charges. It is causing much burden to the petitioner and then he made a request through a legal notice dated 13.02.2025 requesting for shifting of the seized stock to some other place as decided by the respondent authorities to reduce the monthly rent burden. paying so 4. Learned Government Pleader for the respondents furnished written instructions dated 04.07.2025 issued by the 4*^ respondent, wherein it is stated as follows: “In this regard, it is submitted that as stated in the writ affidavit, the then 4^^ respondent seized the stock and locked petitioner’s shop vide Crime N0.217/2022, u/s.7(B) r/w 8(A) and 8(B) of A.P. Amendment Act, 2020 following the due process. It is submitted that due to lack of proper infrastructure the stock of Jaggery was not shifted till Prohibition now. In view of the above circumstances, I request you, sir to kindly bring to the notice of the Hon’ble Court the above facts and provide me three weeks of time so as t enable me to shift the entire stock seized In relation to FIR No. 217/2022 on the file of the respondent from the St. No. 220, No. 166, sop Rajaklapeta, Janghareddygudem Village and Mandal, Burn District to Polavaram Station.’’ 5. Learned Government Pleader for the respondents further submits that the request of the petitioner through legal notice dated 13.02.2025 is under consideration and the respondent authorities have sought time for considering the request of the petitioner. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing 5 the respondents to consider the request/legal notice of the petitioner and shift the entire stock to some other place, which is suitable after having an enquiry, within a period of two(2) months from the date of receipt of copy of this Order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue (Excise) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Proh & Excise, A.P., Mangalagiri. 3. The Dy. Commissioner, Proh. Excie, Eluru, Eluru District. 4. The Station House Officer, Jangareddigudem Proh. and Excise Station Eluru District. 5. One CC to M/s. Pillix Law Firm, Advocate [OPUC] 6. Two CCs to GP for Prohibition and Excise High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr HIGH COURT DATED:07/07/2025 I 0 2 SEP 2(125 ^ . Current Section . ORDER WP NO. 14772 OF 2025 m 0». DISPOSING OF THE W.P. WITHOUT COSTS