w APHC010360122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE n PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18391 OF 2025 Between: Aitha Vijaya, W/o. Aitha Krishna, aged 56 years, R/o. 11-14-15/A/1, Flat No. 102, Vasavi Rajamani Meadows, Road No.1, Haripuri Colony, Kothapet, Saroornagar, K.V.Rangareddy District Telengana State. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department Secretariat Buildings, Velagapudi.Guntur District. 2. The District Collector (Civil Supplies), NTR District At Vijayawada. 3. The Deputy Thasildhar (PDS), Gampalagudem Gampalagudem Mandal NTR District. 4. The Station House Officer, Gampalagudem Police Station, Gampalagudem NTR 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 an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the vehicle HMV Eicher Vehicle bearing Registration No. TG 12 T 2190 despite the petitioner's readyness to furnish a bank guarantee or personal bond as illegal, arbitrary and violative of Articles 19 & 21 of Constitution of India and contrary to the Essential Commodities Act 1955 and orders made there under including the AP State Targeted Public Distribution System Control Order 2018 and consequently direct the 2 to 4 respondents to release the vehicle HMV Eicher Vehicle bearing Registration No. TG 12 T 2190 forthwith. 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 2 to 4 respondents to release the vehicle HMV Eicher Vehicle bearing Registration No. TG 12 T 2190 to the petitioner forthwith pending disposal of the Writ Petition. Counsel for the Petitioner: SMT. MARELLA RADHA 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: APHC010360122025 mm IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] 0W: TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18391/2025 Between: 1.AITHA VIJAYA, W/0. AITHA KRISHNA, AGED 56 YEARS, R/0. 11-14-15/A/1, FLAT NO. 102, VASAVI RAJAMANI MEADOWS, ROAD N0.1, HARIPURI COLONY, KOTHAPET, SAROORNAGAR, TELENGANA STATE. K.V.RANGAREDDY DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS ,VELAGAPUDI.GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR CIVIL SUPPLIES, NTR DISTRICT AT VIJAYAWADA. 3.THE DEPUTY THASILDHAR PDS, GAMPALAGUDEM GAMPALAGUDEM MANDAL NTR DISTRICT. 4.THE STATION HOUSE OFFICER, GAMPALAGUDEM POLICE STATION, GAMPALAGUDEM NTR 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 an order, writ or direction more 2 TCDS,J W.P.No.18391 of 2025 particularly in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the vehicle HMV Eicher Vehicle bearing Registration No. TG 12 T 2190 despite the petitioner's readyness to furnish a bank guarantee or personal bond as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and contrary to the Essential Commodities Act 1955 and orders made there under including the AP State Targeted Public Distribution System Control Order 2018 and consequently direct the 2 to 4 respondents to release the vehicle HMV Eicher Vehicle bearing Registration No. TG 12 T 2190 forthwith and pass lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2 to 4 respondents to release the vehicle HMV Eicher Vehicle bearing Registration No. TG 12 T 2190 to the petitioner forthwith pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.MARELLARADHA Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES praying that in the 3 TCDSJ W.P.No.18391 of 2025 ORDER: The petitioner claims that she is the owner of the Goods Carriage HMV Eicher Vehicle bearing registration No.TG 12 T 2190. It is further case of the petitioner that on 14.05.2025 at about 6.00 p.m., the complainant-Civil Supplies Deputy Tahsildar, Gampalagudem, on credible information, regarding the illegal sale and purchase of PDS rice, proceeded towards Gampalagudem and conducted a raid with the assistance of mediators and inspected the vehicle bearing registration No.TG 12 T 2190. During the inspection, it was found that the said vehicle was transporting 202 bags of PDS rice. Consequently, both the vehicle and rice were seized on the same day. 2. 3. It is further case of the petitioner that she made a representation dated 30.06.2025 to respondents No.2 to 4 seeking to release the subject vehicle. However, the respondents have not taken any action to release the vehicle, despite the petitioner is ready to furnish a bank guarantee or personal bond. Therefore, the petitioner approached this Court seeking grant of interim custody of the subject vehicle. 4. The learned counsel for the petitioner placed reliance order, dated 15.02.2022 passed in Writ Appeal No.201 of 2022. In on 4 TCOS.J W.P.No.18391 of 2025 the said appeal, the Division Bench of this Court while disposing of the matter, directed the appellants therein to furnish third immovable property security to the value of the vehicles. Learned Assistant Government Pleader did not object to party 5. pass the similar order. 6. 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 vehicle, on petitioner furnishing party immovable property surety, within the State of Andhra Pradesh for an amount of Rs. 3,50,000/- (Rupees three lakhs fifty thousand only). The petitioner is further directed to file undertaking before the respondents that she shall not alienate create third party interest over the subject vehicle during pendency of the 6-A proceedings. It is needless to mention that the said undertaking shall also contain a recital that the petitioner shall not substantially alter or change the condition of the subject vehicle. or 7. With the above directions, the present writ petition i disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. IS / Sd/- M. RAMESH BABU DEPUTY REGIST^« //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, Secretariat Buildings ,Velagapudi, Guntur District. 2. The District Collector Civil Supplies, NTR District At Vijayawada. The Deputy Thasildhar PDS, Gampalagudem, Gampalagudem Mandal NTR District. The Station House Officer, Gampalagudem Police Station, Gampalagudem NTR District. One CC to Smt. Marella Radha Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] Two CD Copies 3. 4. 5. 6. 7. TF Note: The Words “Bank Guarantee” is corrected as “3"'^ Party Immovable Property Surety, within the State of Andhra Pradesh” in Order Portion in Paragraph No.6 as per Court Order dated 14-08-2025 in lA No. 2 of 2025. Substitute this amended order in place of earlier order which was despatched on 14-08-2025. Sd/- M. RAMESH BABU DEPUTY REGISTRAR . . HIGH COURT DATED:22/07/2025 14/08/2025 (AMENDED) ORDER WP NO. 18391 OF 2025 I ?M(/G2fl?5 s *Cwew Second DISPOSING OF THE W.P., WITHOUT COSTS