AWHC010384452025 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 HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19738 OF 2025 Between: Anakala Narayana, S/o Gangayya Age 30 years, Occ: Driver (owner of the vehicle No.AP 37 TD 8927) R/o D.No.17-1-17, Godduvanipalem 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 Joint Collector, 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 Memo issued by the 2nd respondent vide SR.No.20/2025/SI dt. 05-07-2025 (to the extent of imposing condition) directing the petitioner to furnish the Bank Guarantee for Rs. 1,00,000/- for release of seized Mahindra Mini Bolero Pick Up Van bearing Registration No.AP 37 TD 8927, which was seized for the offence under Sec.6-A of Essential Commodities Act, 1955 on 17-02-2025 on the alleged transportation of PDS rice is illegal, arbitrary, without any authority of law or jurisdiction an^ contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the condition imposed by the 2nd respondent and further 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 Mahindra Mini Bolero Pick Up Van bearing Registration No.AP 37 TD 8927, in favour of the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M M M SRINIVASA RAO Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010384452025 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: 19738/2025 Between: 1.ANAKALA NARAYANA, S/0 GANGAYYA, AGE 30 YEARS, OCC DRIVER (OWNER OF THE VEHICLE NO.AP 37 TD 8927) R/0 D.NO.17-1-17, GODDUVANIPALEM PEDAGANTYADA, VISAKHAPATNAMCITY, VISAKHAPATNAMDISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SUPPLIES) DEPARTMENT, (CIVIL SECRETARY SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2.THE JOINT COLLECTOR, VISAKHAPATNAM DIST., AT VISAKHAPATNAM. 3.THE ASSISTANT SUPPLY OFFICER, CIRCLE-ILL, GAJUWAKA, VISAKHAPATNAM CITY. ...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 Memo issued by the 2ND RESPONDENT VIDE SR.N0.20/2025/S1 dt 5-7- 2025 (to the extent of imposing condition) directing the petitioner to furnish the Bank Guarantee for Rs. 1,00,000/- for release of seized Mahindra Mini Bolero Pick Up Van bearing Registration No.AP 37 TD 8927, which was seized for the offence under Sec.6-A of Essential Commodities Act, 1955 on 17-2-2025 on the alleged transportation of PDS rice is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the condition imposed by the 2nd respondent and further direct the respondents to release the seized vehicle in favour of the petitioner. 2 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 Counsel for the Petitioner: 1.M M M SRINIVASA RAO 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. 19738 of 2025 ORDER: The petitioner claims that he is the owner of the Mahindra Mini Bolero Pick Up vehicle bearing No.AP 37 TD 8927, 2. It is further case of the petitioner that on 17.02.2025 at about 6.00 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 37 TD 8927. During the inspection, it was found that the said vehicle was transporting 1600 kgs of PDS rice. Consequently, both the vehicle and rice were seized on the same day. 3. It is further case of the petitioner that he made application dated 03.04.2025 to 2'^'^ respondent seeking to release the subject vehicle. Upon consideration of the case of the petitioner, the 2"'^ respondent issued memo, dated 05.07.2025 directing to furnish bank guarantee for an amount of Rs. 1,00,000/- for release of the said vehicle. Questioning the said memo, the petitioner approached this Court seeking grant of interim custody 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. 4 iv 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. 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 amount of Rs.2,00,000/- (Rupees two lakhs 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. 6. an 7. With the above directions, the present Writ Petition is allowed. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTER //TRUE COPY// SEC OFFICER To, 1. The Principal Secretary, (Civil Supplies) Department, Secretariat, Velagapudi, Guntur Dist. 2. The Joint Collector, 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. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF TTfliwur-* r'' 4. HIGH COURT DATED:30/07/2025 ORDER WP NO. 19738 OF 2025 0 4 AUG 2025 S4^ntSecjo|i<^7 .Co) O' ALLOWING THE W.P. WITHOUT COSTS