APHC010318982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) rj 0iS FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16315 OF 2025 Between; Posepalli Siva Sankara Rao, S/o Yalamandaiah, aged about Business, r/o Dekanakonda village, Kurichedu Mandal, Prakasam District. 64 years, Occ; ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Food Civil Supplies and Consumer Affairs Department Velagapudi, Amaravati. 2. The Joint Collector and Addl. District Magistrate, Prakasam District. 3. The Enforcement Deputy Tahsildar, Darsi, Prakasam District. Secretariat, ...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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned notice dt. 21-06-2025 bearing Rc. CS1/6A/79/2025 directing the petitioner to furnish the Bank Guarantee for Rs. 2,00,000/- instead of solvent surety for release of the Mahinra Bolero vehicle bearing Reg.No. AP-27-TY-4077 as sought in his petition filed on 17-06-2025, as being illegal, arbitrary, unjust and unconstitutional. No. i 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 respondent No.2 herein to release the petitioner's Mahinra Bolero vehicle bearing Reg.No. AP-27-TY-4077 by accepting the third party surety instead of bank guarantee, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI K JOSEPH Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: <% APHC010318982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16315/2025 Between: 1.POSEPALLI SIVA SANKARA RAO, S/0 YALAMANDAIAH, AGED ABOUT 64 YEARS, OCC BUSINESS R/0 DEKANAKONDA VILLAGE, KURICHEDU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE JOINT COLLECTOR AND ADDL DISTRIRT MAGISTRATE, PRAKASAM DISTRICT. 3.THE ENFORCEMENT DEPUTY TAHSILDAR, DARSI 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 topleased to issue an appropriate 2 Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing the impugned notice dt. 21-6-2025 bearing Rc. No. GS1/6A/79/2025 directing the petitioner to furnish the Bank Guarantee for Rs. 2,00,000/- instead of solvent surety for release of the Mahinra Bolero vehicle bearing Reg.No. AP-27-TY- 4077 as sought in his petition filed on 17-6-2025, as being illegal, arbitrary, unjust and unconstitutional, and to grant lANO: 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 Pleased to direct the respondent No.2 herein to release the petitioner's Mahinra Bolero vehicle bearing Reg.No. AP-27-TY-4077 by accepting the third party surety instead of bank guarantee, pending disposal of the main Writ Petition, and pass Counsel for the Petitioner: 1.KJOSEPH Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES '.i % 3 r ORDER: The petitioner claims that he is the owner of the Mahindra 1. Bolero vehicle bearing registration No.AP 27 TY 4077. It is further case of the petitioner that on 13.05.2025 2. Respondent No.3 along with Kurichedu Police have intercepted the vehicle. Respondent No.3 and his subordinates conducted the inspection and found that the subject vehicle is illegally transporting PDS rice. In that connection, the said vehicle was seized along with stock. Thereafter, a report was submitted to Respondent No.2 for initiating proceedings under Section 6-A of EC Act, 1955. It is further case of the petitioner that he made application 3. before Respondent No.2 seeking to release the subject vehicle and after hearing parties, the Respondent No.2 by impugned notice dated 21.06.2025, ordered to release the subject vehicle by directing the petitioner to furnish bank guarantee for an amount of Rs.2,00,000/-(Rupees Two Lakhs only). The present writ petition is filed questioning the said notice 4. issued by Respondent No.2 in so far imposing such onerous condition. The counsel for the petitioner submitted petitioner is ready to furnish third party security towards the value of the subject vehicle instead of furnishing bank guarantee the impugned notice, dated 21.06.2025. that the as per 5. The learned counsel for the petitioner plead reliance order, dated 15.02.2022 passed in Writ Appeal No.201 of 2022 In the said appeal, the Division Bench of on this Court while disposing of the matter, directed the appellants therein to furnish third party immovable property security to the value of the vehicles. 6. Learned Assistant Government Pleader did not object to pass similar order. 7. Having considered the submissions made by the learned counsel for the petitioner, the present writ petition is disposed of, directing the respondents to release the subject furnishing third party immovable property security for of Rs.2,00,000/- (Rupees two lakhs only) by the petitioner, petitioner is further directed to file undertaking before respondents that he shall not alienate or create third party interest over the subject vehicle during pendency of the 6-A proceedings. vehicle, on an amount The the 5 contain a recital that the petitioner shall not substantially alter or change the condition of the subject vehicle. 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/- M SRiNIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OrrSCER To, 1. The Principal Secretary, Food, Civil Supplies and Consumer Affairs Department^fSecretafiat, Velagapudi, Amaravati. 2. The Joint Collector and AddI Distrirt Magistrate, Prakasam District. 3. The Enforcement Deputy Tahsildar, Darsi, Prakasam District. 4. One CC to Sri K Joseph Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF HIGH COURT DATED:04/07/2025 ORDER WP NO. 16315 OF 2025 ? 1 i jui- nn ^ . Current Section ^ ov to, DISPOSING OF THE W.P., WITHOUT COSTS