APHC010366482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18356 OF 2025 Between: Sunil Reddy Kalathuru, s/o K Prakash Reddy, Aged about 50 years, R/o Kapu Street, Sulurupeta, Nellore, Andhra Pradesh. ...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 nature of Mandamus for declaring the action of the Respondent authorities in seizing the Lorry bearing No. AP16TY6865 belonging to the Petitioner under Panchnama dated 03-07-2025 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 the Lorry bearing No. AP16TY6865 belonging to the Petitioner by the Respondent authorities 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 Lorry bearing No. AP16TY6865 to the petitioner. lA NO: 1 OF 2Q2fi 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 direct the respondent authorities to release the seized Lorry bearing AP16TY6865 to the petitioner. Counsel for the Petitioner: SRI N BHARATH SIMHA REDDY Counsel for the Respondent Nos. 2 & 5: GP FOR HOME Counsel for the Respondent Nos. 1, 3 & 4: GP FOR CIVIL SUPPLIES The Court made the following order: as to No. r w APHC010366482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18356 of 2025 Between: 1.SUNIL REDDY KALATHURU, S/0 K PRAKASH REDDY AGED ABOUT 50 YEARS RIO KAPU STREET, SULURUPETA, NELLORE, ANDHRA PRADESH ...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, GUNTUR 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): 2 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 tomay 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 Lorry bearing No. APIGPr'GSSS 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 the Lorry bearing No. AP16TY6865 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 Lorry bearing No. AP16Pt'6865 to the petitioner and pass such lA NO: 1 OF 2025 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 respondent authorities to release the seized Lorry bearing No. AP16TY6865 to the petitioner and pass such Petition under Section 151 CPC 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: 3 9* THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 18356 of 2025 ORDER: The petitioner claims that he is the owner of the lorry bearing registration No.AP 16 TY 6865. 2. it is the case of the petitioner that on 03.07.2025 at about 8.00 a.m., on NH-16 at Vinnamala cross road, Naidupet town when the driver of lorry bearing registration No.AP 16 TY 6865 transporting the rice to Nellore from Srikalahasthi, the Sub Inspector of Police, Naidupet Urban Police Station taken him in to custody and seized the said lorry and 403 rice bags containing 20090 kgs rice from his possession under the cover of mediator report dated 03.07.2025 and kept the same in the custody of 4*^ respondent. It is the further case of the petitioner that without furnishing the proceedings under Section 6-A of Essential Commodities Act, the SI of police, Naidupet Urban Police Station seized the subject vehicle. 3. It is further case of the petitioner that he made an application before the Respondent No.3 seeking to release the subject vehicle, but the same is kept pending. The counsel for the "1 4 petitioner submitted that the petitioner is ready to furnish third party security towards the value of the subject vehicle. 4. 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. 5. Learned Assistant Government Pleader did not object to 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 furnishing third party immovable property security for an amount of Rs.4,00,000/- (Rupees four lakhs 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 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. 0^ 5 With the above directions, the present writ petition disposed of. There shall be no order as to costs. 7. IS As a sequel, pending applications, if any, shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Joint Collector, Tirupati, Tirupati District. 4. The Tahsildar, Naidupeta Mandal, Tirupati District. 5. The Sub-Inspector of Police, Naidupet Police Station, Naidupet, Tirupati District 6. One CC to Sri N Bharath Simha Reddy, Advocate [OPUC] 7. TwoCCsto GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 9. Two CD Copies X' X /> X X TF HIGH COURT DATED:21/07/2025 ORDER WP NO. 18356 OF 2025 0 2 AUG 2025 O Co ^^sQMrrent Sectiopx^y DISPOSING OF THE W.P., WITHOUT COSTS