IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI^ (Special Original Jurisdiction) THURSDAY, tHE THIRTEEN-TH DAY OB MARCH jx ~ TWO THOUSAND AND TWENTY FIVE ^1: PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAIVl WRIT PETITION NO: 17860 OF 2024 Between: Nallamsetti Murali Krishna, S/o.Late Venkateswara Rao - Lorry Owner cum Driver, R/o.D.No.85-23-9, Plot No.167 Rajahmundry, East Godavari District-533103 aged 42 years, RTC Colony, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, East Godavari District, Rajamahendravara 3. The Civil Supplies, Deputy Tahsildar, Rangampeta Mandal, East Godavari District. 4. The Station House Officer, Rangampeta Police Station, East Godavari District. 5. Kandula Bapuji, S/o.Uma Maheswara Rao, aged 58 years. Proprietor of M/s.Sree Kali Rice and General Merchants, D.No.5/213-1, Javvarpet, Machilipatnam, Krishna 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 writ or order or direction more particularly in the nature of writ of mandamus by declaring the impugned confiscation order for Rs.10 Lakhs proceedings CS1/396/RJY/2023 dated 19.12.2023 by confiscation of the seized stock of price and also order a penalty of Rs.5 Lakhs was imposed on seized lorry bearing No.AP 39 UN 3459 for unauthorized and transportation of the PDS rice without proper documents is illegal, arbitrary, unjust and violative of Article 14, 19 and 21 of Constitution of India and against the provisions of Civil Supplies Act and consequently to set aside the confiscation proceedings issued by 2nd respondent imposing Rs. 5 lakh penality on seized lorry and to direct the respondents to release the transporting vehicle by consider the representation dated 18.12.2023 given by the petitioner. lA NO: 1 OF 2024 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 pass urgent orders by granting interim custody of the petitioner by directing the 4*^ respondent to release transporting vehicle Ashok Leyland 16 tyres lorry bearing No.AP 39 UN 3459 in Crime No. 172/2023 dated 16.10.2023 U/s.420 r/w.34 IPC, 7 (1) of Essential Commodities Act of Rangampeta P.S. pending disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASULU P Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4:GP FOR HOME Counsel for the Respondent No.5:— The Court made the following: ORDER APHC010346072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] r THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 17860/2024, Between: ...PETITIONER Nallamsetti Murali Krishna, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SRINIVASULU P Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES The Court made the following ORDER: The case of the petitioner is that the 3'“ respondent/Civil Suppiies vide CS1/396/RJY/2023 dated 19.12.2023, Deputy Tahsildar has filed a case seizing the rice of 35660 kgs of PDS rice along with the lorry bearing No.AP39 UM 3459. The said case was disposed of and the authority has imposes penalty of Rs.5,00,000/-. Learned counsel for the petitioner submits that petitioner is the owner of the lorry bearing No.AP39 UM 3459. He has purchased the same on finance 2. and is earning income by hiring the vehicle. He further submits that the petitioner is not in a position to deposit the penalty of Rs.5,00,000/- imposed by the authority and is ready to submit third party surety by furnishing immovable property equivalent to the amount as ordered by the authorities. Learned counsel for the petitioner filed a memo before this Court vide 3. USR No.26816 of 2025 dated 12.03.2025, stating that the petitioner’s brother by name Nallamsetti Veera Venkata Siva Narayana agreed to furnish surety of his immovable property i.e., his house bearing door No.23-33/1, Jayasree Gardens, Rajamahendravaram to an extent of 331 sq. yards which values more than five lakhs by undertaking to execute bond to comply with the orders of the appellate authority. In view of the memo filed by the petitioner, the Writ Petition is disposed 4. of by directing the petitioner to file an affidavit before the Joint Collector, Rajamahendravaram, showing the third party surety, within a period of one (1) week from the date of receipt of copy of the order. Upon moving such an application, the respondents shall pass appropriate orders on the same, within a period of two (2) weeks. There will be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Principle Secretary, Civil Supplies Department, State of Andhra Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, East Godavari District, Rajamahendravara 3. The civil Supplies, Deputy Tahsildar, Rangampeta Mandal. East Godavari District. Pradesh, 4. The Station House Officer, Rangampeta Police Station, East Godavari District. 5. One CC to Sri Srinivasulu P, 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] Three CD Copies. ssb V. ^ ■ HIGH COURT DATED:13/03/2025 ORDER ^Al WP.No.17860 of 2024 O’ * i$m 2i?5 . Curreni Section DISPOSING OF THE W.P. WITHOUT COSTS