APHC010363612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18616 OF 2025 Between: Kandula Bapuji, S/o. Late Uma Maheswara Rao, Aged about 60 Years, D.No. 5/213-1, Javvarupet, Machilipatnam, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Joint Collector, Machilipatnam Division, Krishna District. 3. The Tahsildar, Machilipatnam Division, Krishna District. 4. The Civil Supplies District Tahsildar, Machilipatnam Division, 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 a Writ of Mandamus or any other appropriate Writ Order direction declaring the action of the respondent no.2 in not disposing the application for release the stock to the petitioner of seized rice of 249.80 quintals of rice in 500 bags on 08.07.2025 is illegal, arbitrary and violation of Articles 14, 19 and 21 of Indian Constitution. Consequently, direct the 2 or nd % respondent to release the seized stocks of PDS rice of 249.80 quintals of rice in 500 bags in favour of the petitioner on furnishing the personal bond for the value of the stock in favour of the petitioner. 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^^ respondent to release the seized stocks of PDS rice of 249.80 quintals of rice in 500 bags in favour of the petitioner on furnishing the personal bond for the value of the stock in favour of the petitioner, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following order: . 1 APHC010363612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18616/2025 Between; 1.KANDULA BAPUJI, S/0, LATE UMA MAHESWARA RAO ABOUT 60 YEARS, D.NO. 5/213-1, JAWARUPET, MACHILIPATNAM, KRISHNA DISTRICT. AGED ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. 2.THE JOINT COLLECTOR, MACHILIPATNAM DIVISION, KRISHNA DISTRICT. CONSUMER AFFAIRS AND CIVIL SUPPLIES SECRETARIAT BUILDINGS VELAGAPUDI, 3.THE TAHSILDAR, MACHILIPATNAM DIVISION, KRISHNA DISTRICT. 4.THE CIVIL SUPPLIES DISTRICT TAHSILDAR, MACHILIPATNAM DIVISION, KRISHNA 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 a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondent no.2 in not disposing the application for release the stock to the petitioner of seized rice of 249.80 quintals of rice in 500 bags on 08.07.2025 is illegal, arbitrary and violation of Article 14, 19 and 21 of Indian Constitution. Consequently, direct the 2nd respondent to release the seized stocks of PDS rice of 249.80 quintals of rice in 500 bags in favour of the petitioner on furnishing the personal bond for the value of the stock in favour of the petitioner, and pass 2 lA NO: 1 OF 2Q2fi Pefflion under Section 151 CPC praying that in the circumstances stated It! the affl^davit filed in support of the petition, the High Court may be pleased o/Tq on'^ respondent to release the seized stocks of PDS rice of 249.80 quintals of rice in 500 bags in favour of the petitioner on furnishing the drsmral nf m 'I®'*'® fa™er of the petitioner, pending disposal of the above Writ Petition and Counsel for the Petitioner: pass 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ,S^ 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.18616 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- .... to issue a Writ of Mandamus or any other appropriate Writ, Order direction declaring the action of the respondent no.2 in not disposing the application for release the stock to the petitioner of seized rice of 249.80 quintals of rice in 500 bags on 08.07.2025 is illegal, arbitrary and violation of Article 14, 19 & 21 of Indian Constitution. Consequently direct the 2""' respondent to release the seized stocks of PDS rice of 249.80 quintals of rice in 500 bags in favour of the petitioner on furnishing the personal bond for the value of the stock in favour of the petitioner and to pass such other order or orders ....” or 2. The petitioner is a rice miller, engaged in both wholesale and retail business for the past several years. While the matter being so, on 08.07.2025, the 4'*^ respondent inspected the petitioner’s mill and seized 249.80 quintals of rice packed in 500 bags in the absence of the petitioner and without conducting any panchanama. The case of the petitioner is that earlier on 24.03.2022, the same stock has been seized by the respondents herein. But, however, stock has been ordered to be released by the Joint Collector in E.C.P.No.287 of 2021, dated 27.01.2022 and E.C.P.No.97 of 2021, dated 01.02.2022. Thereafter, the said stock has been released in favour of the petitioner. 3. The grievance of the petitioner is that in spite of the same, once respondent have inspected the petitioner’s rice mill and again the 4th 4 seized the same stock on 08.07.2025, without conducting any panchanama or following the mandatory procedure, as required under Section 100 of Cr.P.C.,. As such, the petitioner has submitted a representation to the 2'"'^ respondent on 10.07.2025, requesting for release of the seized stock and initiation of disciplinary proceedings against the officials responsible for illegal seizure of PDS rice from the petitioner’s premises. As no orders have been passed on the said representation, the present writ petition is filed by the petitioner. 4. Heard learned counsel for the petitioner and as well as learned Assistant Government Pleader for Civil Supplies representing respondents. 5. Learned Assistant Government Pleader for Civil Supplies, on oral instructions, has stated that the representation made by the petitioner on 10.07.2025 is still pending for consideration before the 2^^^ respondent herein and the same will be considered by the 2'"'^ respondent. As such, requested to pass appropriate orders. 6. Considering the same, instead of keeping the writ petition pending, this writ petition is disposed of by directing the 2"'^ respondent to pass appropriate orders on the representation made by the petitioner on 10.07.2025, requesting to release the seized stock and also initiation of disciplinary proceedings against the officials responsible for illegal seizure of the petitioner’s PDS rice from the p^tioner’s premises, as 5 expeditiously as possible, preferably, within a period of six (6) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- Wl. RAWIESH BABU deputy registrar //TRUE COPY// SECTION OFFICER To, and Civil Supplies Buildings, Affairs Consumer Andhra Pradesh Principal Secretary, State of 1. The Secretariat Department, Velaqapudi, Amaravati, Guntur District. . , Machilipatnam Division, Krishna Distnc . ion, Krishna District. 2 The Joint Collector Tahsildar, Machilipatnam Division Division, Krishna 3. The 4. The Tahsildar, Machilipatnam Civil Supplies District District. 5. one CC to Sri K. grinivas. Advocate [OPUC] Civil Supplies, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for 7. Two CD Copies. ssb / HIGH COURT DATED: 19/08/2025 ORDER WP No.18616 OF 2025 =a 10 SEP 2025 jS) ntSectionxC^ S' DISPOSING OF THE W.P. WITHOUT COSTS