APHC010384472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19732 OF 2025 Between: Gorusu Akash, S/o Tata Rao, Age 32 years, Occ: Business (owner of the vehicle) R/o D.N0.19-20-21, Ayyannapalem Pedagantyada, Visakhapatnam City Visakhapatnam Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary (Civil Supplies) Department, Secretariat, Velagapudi, Guntur Dist. 2. The Collector (CS), Visakhapatnam Dist., at Visakhapatnam. 3. The Assistant Supply Officer, Circle-Ill, Gajuwaka, 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 action of the 2 considering and disposing the representation dt 3-4-2025 filed for release of the vehicle Auto bearing No. AP 39 TA 4817 seized on the alleged PDS rice pending disposal of the 6A of Essential Commodities Act, 1955 is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, nd respondent in not transportation of 1955 and consequently direct the respondents to release the seized vehicle 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 respondents to release the seized Bolero bearing Auto bearing AP 39 TA 4817 in favour of the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M. M. M. SRINIVASA RAO Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following order: No. % APHC010384472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19732/2025 Between: 1.GORUSU AKASH, S/0 TATA RAO AGE 32 YEARS. OCC BUSINESS (OWNER OF THE VEHICLE) R/0 D.NO.19-20-21, AYYANNAPALEM PEDAGANTYADA, VISAKHAPATNAM CITY VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL (CIVIL SUPPLIES) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2.THE COLLECTOR CS, VISAKHAPATNAM DIST., AT VISAKHAPATNAM. 3.THE ASSISTANT SUPPLY OFFICER, CIRCLE-ILL, GAJUWAKA, VISAKHAPATNAM CITY. SECRETARY ...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 particularly in the nature of Writ of Mandamus declaring the action of the 2"^^^ respondent in not considering and disposing the representation dt 3-4-2025 filed for release of the vehicle Auto bearing No.AP 39 TA 4817 seized on the alleged transportation of PDS rice pending disposal of the 6A of Essential Commodities Act, 1955 is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently direct the respondents to release the seized vehicle 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 respondents to release the seized Bolero h< rt- {'■S J 2 'T >• \ bearing Auto bearing No.AP 39 TA 4817 in favour of the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.M M M SRINIVASA RAO A' X Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 3 • ' • > THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO. 19732 of 2025 ORDER: The petitioner claims that he is the owner of the Auto bearing No.AP 39 TA 4817. It is further case of the petitioner that on 04.03.2025 at about 1.30 2. p.m., the complainant-Senior Checking Inspector, Pedagantyada Area 0/o.Assistant Supply Officer, Gajuwaka, on credible information, regarding the illegal sale and purchase of PDS rice, proceeded towards Peda Nadupuru, Pedagantyada area and conducted a raid with the assistance of mediators and inspected the vehicle bearing registration No.AP 39 TA 4817. During the inspection, it was found that the said vehicle was transporting 20 bags of PDS rice. Consequently, both the vehicle and rice were seized on the same day. It is further case of the petitioner that he made a representation respondent seeking to release the subject 3. nd dated 03.04.2025 to 2 vehicle. However, the respondents have not taken any action to release the vehicle, despite the petitioner is ready to execute personal bond towards the value of the vehicle. Therefore, the petitioner approached this Court seeking grant of interim custody of the subject vehicle. 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. 4. ■ I 4 directed the appellants therein to furnish third party immovable property security to the value of the vehicles. 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, this Court deems it appropriate to allow the present writ petition directing the respondents to release the subject vehicle, on petitioner furnishing third party immovable property security for an amount of Rs.50,000/- (Rupees fifty thousand only). 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. With the above directions, the present writ petition is allowed. 7. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS assistant registrar //TRUE COPY// SECTidROFFICER To, 1. The Principal Secretary (Civil Supplies) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur Dist. 2. The ColIector(CS), Visakhapatnam Dist., at Visakhapatnam. 3. The Assistant Supply Officer, Circle-Ill, Gajuwaka, Visakhapatnam City. 4. One CC to Sri M. M. M. Srinivasa Rao, Advocate [OPUC] 5. TwoCCsto GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. ssh \. HIGH COURT 'I- DATED:30/07/2025 ORDER WP No.19732 OF 2025 ALLOWING THE W.P. WITHOUT COSTS