APHC010378852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19152 OF 2025 Between: 1. Tetala Vikas Reddy, S/o. Viswanadha Reddy, aged about 30 years, R/o D.No. 1-407, Canal Road, Anaparthy, Kakinada District. 2. G. Vijaya Lakshmi, W/o. Sarveswara Reddy, Aged about 44 years. Proprietor Oil on Wheels Vizag Private Limited D.No.3-263/19, 0pp. No.2 Rice Mill, Anaparthy, Kakinada District. 3. U.C. Shoheb Malik, Partner of Triple-S, Fuels Cab Business Solutions, D.No.45-58-18/1/3, Rajeswari Plaza, Port Stadium, Visakhapatnam. ...Petitioners AND 1. State of Andhra Pradesh, rep.by its Principal Secretary (Civil Supplies) Department, Secretariat, Velagapudi, Guntur Dist. 2. The District Collector Civil Supplies, Visakhapatnam Visakhapatnam. 3. The Assistant Supply Officer, Circle-Ill, Collectorate, Visakhapatnam City. ...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 Memo issued by the 2"'^ respondent SR.No.126/2025/S1 SR.No. 126/2025/SI and SR.No. 126/2025/SI dt.Nil-07- District, at vide % 2025 (to the extent of imposing condition directing to furnish the Bank Guarantee) for Rs. 12,00.000/-, Rs. 10,00,000/- and Rs. 10,00,000/- to release of Vehicles bearing Registration No.AP37TB3589 AP39TT2854 (Lorry) and AP31UT2716 (Mini Tank Lorry) respectively, which was seized for the offence under Sec.6-A of Essential Commodities Act, 1955 is illegal, arbitrary, unconstitutional, violation of Articles 14 and 21 of the (Lorry). Constitution of India, set aside the same and consequently direct the 2nd respondent to release the seized vehicles of the petitioners bearing NO.AP37TB3589 (Lorry), AP39TT2854 (Lorry) and AP31UT2716 (Mini Tank Lorry) on furnishing third party immovable property security. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, pleased to direct the 2^^^ respondent to release the seized vehicles of the petitioners bearing No.AP37TB3589 (Lorry), AP39TT2854 (Lorry) and AP31UT2716 (Mini Tank Lorry) on furnishing third party immovable property security, pending disposal of the Writ Petition. 4Kie High Court may be I Counsel for the Petitioners: SRI V. V. N. NARAYANA RAO Counsel for the Respondents; GP FOR CIVIL SUPPLIES The Court made the following order: APHC010378852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI * (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19152 of 2025 Between: 1.TETALA VIKAS REDDY. S/0 VISWANADHA REDDY, AGED ABOUT 30 YEARS, R/0 D.NO. 1-407, CANAL ROAD. ANAPARTHY, KAKINADA DISTRICT. 2.G. VIJAYA LAKSHMI,, W/0 SARVESWARA REDDY, AGED ABOUT 44 YEARS. PROPRIETOR OIL ON WHEELS VIZAG PRIVATE LIMITED D.NO.3-263/19, OPP. N0.2 RICE MILL, ANAPARTHY, KAKINADA DISTRICT. 3.U.C. SHOHEB MALIK,, PARTNER OF TRIPLE-S, FUELS CAB BUSINESS SOLUTIONS, D.NO.45-58-18/1/3, RAJESWARI PLAZA, PORT STADIUM, VISAKHAPATNAM. ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES) DEPARTMENT. SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2.THE DISTRICT COLLECTOR CIVIL SUPPLIES, VISAKHAPATNAM DISTRICT, AT VISAKHAPATNAM. 2 3. THE ASSISTANT COLLECTORATE. VISAKHAPATNAM SUPPLY OFFICER, CITY. CIRCLE-ILL, •■.RESPONDENT(S): imposing condition directing to furnish the Beni; r ^ f 12,00.000/-, Rs. 10,00,000/-and Rriooo oon/- ^ R®. bearing Registration NO.AP37TB3589 (Loriy) AP39TtSS (l -bitra^ unconstitutionai, JZ ofTdicler tTa^of consmution of India, set aside the same and - ^nd respondent to release the furnishing third party immovable consequently direct the seized vehicles of the petitioners property security and pass on lA NO: 1 OF 209'^ Petition under Section 151 CPC circumstances stated in the affidavit filed i - High Court may be pleased pleased release the seized vehicles of the (Lorry), AP39TT2854 (Lorry) and furnishing third party immovable the Writ Petition and praying that in the - in support of the petition, the to direct the 2nd respondent to petitioners bearing No.AP37TB3589 AP31UT2716 (Mini Tank Lorry) property security, pending disposal of on pass Counsel for the Petitioner(S): 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1GP FOR CIVIL SUPPLIES The Court made the following: 3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19152 of 2025 ORDER: The petitioner Nos.1 to 3 claim that they are the owners of the lorry bearing registration No.AP 37 TB 3589, lorry bearing registration No.AP 39 TT 2854 and Mini Tank Lorry bearing registration No.AP 31 LIT 2716 respectively. It is further case of the petitioners that on 01.06.2025, 2. Respondent No.3 along with staff intercepted the subject vehicles and found that the subject lorries were transporting diesel unauthorizedly without proper invoices, accordingly, the said lorries were seized. Thereafter, a report was submitted to the Respondent No.2 for initiating proceedings under Section 6-A of EC Act, 1955. It is further case of the petitioners that on 11.06.2025, they 3. made applications before the Respondent No.2 seeking to release the subject vehicles and after hearing parties, the Respondent No.2 by impugned memo dated Nil.07.2025, ordered to release the subject vehicles by directing the petitioners to 4 furnish bank guarantee for an amount of Rs.12,00,000/- Rs.10,00,000/- and Rs.10,00,000/- respectively. 4. The present writ petition is filed questioning the said memo issued by Respondent No.2 in so far imposing such onerous The counsel for the petitioners submitted that the petitioners are ready to furnish third party security towards the value of the subject vehicles instead of furnishing bank guarantee as per the impugned memo, dated Nil.07.2025. condition. The learned counsel for the petitioners placed reliance 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 vehicles. 5. on 6. Learned Assistant Government Pleader did not object to pass the similar order. 7. Having considered the submissions made by the learned counsel for the petitioners, the present writ petition is allowed, directing the respondents to release the subject vehicles on 5 furnishing third party immovable property security for an amount of Rs. 12,00,000/-, Rs.10,00,000/- and Rs. 10,00,000/- respectively by the petitioners. The petitioners are further directed to file undertaking before the respondents that they shall not alienate create third party interest over the subject vehicles during pendency of the 6-A proceedings. It is needless to mention that the said undertaking shall also contain a recital that the petitioners shall not substantially alter or change the condition of the subject vehicles. or 8. With the above directions, the present writ petition is allowed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand a closed. SD/- A/I.S.V. NAVEEN CHANDRA DEPUTY REGISTRAR //TRUE COPY// T^ECTliTcOFFICER To, 1. The Principal Secretary (Civil Supplies) Department,State Pradesh, Secretariat, Velagapudi, Guntur Dist. 2. The District Collector Civil Supplies Visakhapatnam. 3. The Assistant Supply Officer, Circle-Ill, Collectorate, ' 4. One CC to Sri V. V. N. Narayana Rao, Advocate [OPUC] 5. Two CCS to GP for Civil Supplies, High Court of Andhra Pradesh 6. Two CD Copies of Andhra Visakhapatnam District at Visakhapatnam City. [OUT] t Cnr HIGH COURT DATED:24/07/2025 \ \ ORDER WP NO. 19152 OF 2025 ALLOWING THE W P WITHOUT COSTS