s I 4 APHC010366462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSANDAND TWENTYFIVE z-' PRESENT HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18354 OF 2025 Between: Pallamparthi Dileep, S/o P Ramachandrareddy Aged about 27 years, R/o Indira Nagar, Besides kanakadurga Mahal, Sullurupeta Mandal, Sullurpeta, Nellore, Andhra Pradesh 524121 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, District. 3. The Joint Collector, Tirupati, Tirupati District. 4. The Tahsildar, Naidupeta Mandal, Tirupati District. 5. Sub Inspector of Police, Naidupet Police Station, Naidupet, Tirupati District Guntur ...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 preferably a Writ in the I nature of Mandamus for declaring the action of the Respondent authorities in seizing the stock i.e 403 Bags rice containing 20090 Kgs belonging to the Petitioner under Panchnama dated 03-7-2025 and further declaring the action of the Respondents in not initiating the proceedings under Section 6(A) of Essential Commodities Act, 1955 and not releasing the seized Rice belonging to the Petitioner by the Respondent authorities as illegal, arbitrary and violation of Articles of 14, 19(1) (g) and 21 of the constitution of India and contrary to the provisions of Essential Commodities Act, 1955 and consequently direct the respondent authorities to release the seized Rice to 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 respondent authorities to release the seized Rice to the petitioner. Counsel for the Petitioner: SRI N BHARATH SIMHA REDDY Counsel for the Respondent Nos. 2 and 5: GP FOR HOME Counsel for the Respondent Nos. 1, 3 and 4: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010366462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18354/2025 Between: 1.PALLAMPARTHI DILEEP, S/0 P RAMACHANDRAREDDY AGED ABOUT 27 YEARS, R/0 INDIRA NAGAR, BESIDES KANAKADURGA MAHAL, SULLURUPETA MANDAL, SULLURPETA, NELLORE, ANDHRA PRADESH 524121. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, AMARAVATHI, SECRETARY, CIVIL SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT GUNTUR SUPPLIES SECRETARY, HOME BUILDINGS, VELAGAPUDI, AMARAVATHI, DISTRICT. 3.THE JOINT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 4.THE TAHSILDAR, NAIDUPETA MANDAL, TIRUPATI DISTRICT. 5.SUBINSPECTOR OF POLICE, NAIDUPET POLICE STATION, NAIDUPET, TIRUPATI 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 appropriate writ order or direction preferably a Writ in the nature of Mandamus for declaring the action of the Respondent authorities in seizing the stock i.e 403 Bags rice containing 20090 Kgs belonging to the Petitioner under Panchnama dated 03-7-2025 and further declaring the action of the Respondents in not initiating the proceedings under Section 6(A) of Essential Commodities Act, 1955 and not releasing the seized Rice belonging to the Petitioner by the Respondent authorities as illegal, arbitrary and violation of Articles of 14, 19(1) (g) and 21 of the constitution of India and contrary to the provisions of Essential Commodities Act, 1955 2 1 and consequently direct the respondent authorities to release the seized Rice to the petitioner and pass 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 authorities to release the seized Rice to the petitioner and pass Counsel for the Petitioner: 1.N BHARATH SIMHA REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES The Court made the following: r THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO. 18354 of 2025 ORDER: It is the case of the petitioner that the respondent registered crime vide Cr.No.213 of 2025, dated 03.07.2025 under Section 318(4) of BNS and Section 7(1) of the Essential Commodities Act, 1955 wherein the petitioner is shown as accused No.2. It is further case of the petitioner that he is transporting rice from Nellore to Srikalahasthi by hiring a lorry bearing Registration No.AP 16 TY 6865. The said vehicle was intercepted by the 5*^ respondent and found that the petitioner is transporting PDS rice illegally and seized the said rice. Pursuant to the seizure, the petitioner made an application dated 05.07.2025 before the 3'^'^ respondent seeking to release the seized rice. 2. It is further case of the petitioner that though the rice was seized on 03.07.2025 by alleging the same is PDS rice till date no samples were drawn from the seized rice so as to send for analysis report. He would further contend that the rice transported by the petitioner is not PDS rice and the respondents unilaterally have come to conclusion that it is PDS rice. The present writ petition is filed questioning the action of the 3'^'^ respondent in not releasing the seized rice despite the application dated 05.07.2025 made by the petitioner. 3. On the other hand, learned Assistant Government Pleader for Civil Supplies would submit that the petitioner did not make any 4 application before the 2""^ respondent and therefore, the question of " r considering the alleged application does not arise. Having regard to the submissions made by the learned counsel on either side, without going into merits of the matter, this Court feels that it is appropriate to dispose of the present writ petition directing the petitioner to make application to the 3"'^ respondent and upon making such application, the 3'^^ respondent is further directed to dispose of the same within one week from the date of application. 4. 5. With the above observation, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any shall stand closed. 1 Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFBCER To The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, District. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Joint Collector, Tirupati, Tirupati District. The Tahsildar, Naidupeta Mandal, Tirupati District. The Sub Inspector of Police, Naidupet Police Station, Naidupet, Tirupati District One CC to Sri. N Bharath Simha Reddy Advocate [OPUC] Two CCs to GP for Home High Court of Andhra Pradesh [OUT] Two CCs to GP for Civil Supplies High Court of Andhra Pradesh [OUT] Three CD Copies GSC 1. Guntur 2. 3. 4. 5. 6. 7. 8. 9. \ ■ HIGH COURT DATED:23/07/2025 ORDER WP NO. 18354 OF 2025 ^ 2 <1JUL 2025 )gl ^^^S^^yrrentSecti DISPOSING THE WP WITHOUT COSTS