APHC010326022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16681/2025 Between: 1. KATAM NIRANJAN KUMAR, S/O. K. VEERA BRAHMAIAH, AGED 30 YEARS, R/O. D.NO. 12/86, CHENNURTOWN AND MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, YSR KADAPA, YSR KADAPA DISTRICT. 3. THE TAHSILDAR, CHENNURU MANDAL, YSR KADAPA DISTRICT. 4. THE STATION HOUSE OFFICER, CHENNURU POLICE STATION, YSR KADAPA 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 of mandamus or any 2 other appropriate writ order or direction declaring the action of the respondent nos.3 and 4 in seizing the petitioners vehicle bearing No.AP04-BX-4320 (Royal Enfield) on alleged account of transporting PDS rice of 2730 kgs is illegal, arbitrary and consequently direct the respondents to release the vehicle No. AP04-BX-4320 (Royal Enfield) in pursuant to the crime vide FIR.No.119/2025 on 11.06.2025 in favour of the petitioner forthwith and to pass IA 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 may be pleased to direct the Respondents to release the vehicle No. AP04-BX-4320 (Royal Enfield) in pursuant to the crime vide FIR.No.119/2025 on 11.06.2025 in favour of the petitioner, pending disposal of the writ petition and to pass Counsel for the petitioner: 1. SURE MAHENDRA Counsel for the Respondents: 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES 3 ORDER: 1. The petitioner claims that he is the owner of the vehicle bearing registration No.AP04-BX-4320 (Royal Enfield). 2. It is further case of the petitioner that, on 11.06.2025, at about 3.00 pm at Gopavaram Village, Chennur Mandal, YSR Kadapa District, the vehicle was stopped by police alleging that this vehicle is transporting PDS rice of 2730 kgs illegally without any valid permission. The respondents registered crime vide FIR No.119/2025 under Section 7(1) of the Essential Commodities Act, 1955, against the petitioner. In connection with the said crime, the subject vehicle was also seized. It is further case of the petitioner that he approached the authorities for release of the said vehicle and despite his request, no action was initiated. He would further submit that if the vehicle is exposed to vagaries of nature, the same cannot be put to use in future. 3. The learned counsel for the petitioner 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 vehicle. 4 4. On the other hand the learned Assistant Government Pleader opposed the Writ Petition on the ground that the petitioner is transporting PDS rice illegally without any valid documents and he would further submit that in case of release of subject vehicle appropriate conditions may be imposed. 5. Having considered the submission made by the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies, the present writ petition is allowed, directing the respondents to release the subject vehicle, on furnishing third party immovable property security for an amount of Rs.50,000/- (Rupees fifty thousand only) by the petitioner. The petitioner is further directed to file undertaking before the respondents that he shall not alienate or create third party interest over the subject vehicle. It is needless to mention that the said undertaking shall contain a recital that the petitioner shall not substantially alter or change the condition of the subject vehicle. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt: 07.07.2025. GRL 5 134 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16681 of 2025 Dt: 07.07.2025. GRL