IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20257 OF 2024 Between: Mokshith Impex, Rep by its Proprietor, Mogili Ranga Rao, Occ Business, Sri Gayathri Model Rice Mill, Oguru (V), Kandukur (M), S.P.S.R Nellore, District ...Petitioner AND 1. The State of AP, Rep. by its Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Velagapudi Guntur District. 2. The Collector (Civil Supplies), Nellore, SPSR Nellore District. 3. Deputy Tahsildar, Kandukur, Office of Tahsildar, Kandurku, SPSR Nellore District. ...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, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in seizing 290 bags of raw rice each weighing 50kgs belongs to the petitioner under a cover of Panchanama, dt.06.04.2024 from the mill of the petitioner and the consequential order in Rc.B2.127/2024 dt. 15.07.2024 passed by the 2nd respondent rejecting the petition filed by the petitioner for release of seized rice and ordering to sell the same through public auction illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under'including the A.P. State Targeted Public Distribution System (Control) Order, 2018 and consequently direct the respondents to release the seized stock to the petitioner and not to take any action in pursuance of the illegal seizure. as lA NO: 1 OF 2024 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 release 290 bags of raw rice weighing 50 Kgs each to the petitioner, seized by the 3rd respondent on 06.04.2024 forthwith, pending disposal of writ petition. lA NO: 2 OF 2024 The Collector (Civil Supplies), Nellore, SPSR Nellore District. ...Petitioner AND 1. Mokshith Impex, Rep by its Proprietor, Mogili Ranga Rao, Occ Business, Sri Gayathri Model Rice Mill, Oguru (V), Kandukur (M), S.P.S.R Nellore, District 2. The State of AP, Rep. by its Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Velagapudi, Guntur District. 3. Deputy Tahsildar, Kandukur, Office of Tahsildar, Kandurku, SPSR Nellore District. ' Respondents 2 & 3 are not necessary in this petition ...Respondents [v 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 vacate the Interim Order dated 13.09.2024 passed in I. A. No. 1 of 2024 in W.P.No.20257 of 2024 and dismiss the Writ Petition. Counsel for the Petitioner: SRI. V SUDHAKAR REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: %■ t iV APHC010398962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE f [3459] PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20257/2024 Between: Mokshith Impex ...PETITIONER AND The State of AP and others Counsel for the Petitioner: 1.VSUDHAKAR REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES ...RESPONDENT(S) The Court made the following order: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: ‘‘...to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 3^ respondent in seizing 290 bags of raw rice each weighing SOkgs belongs to the petitioner under a cover of Panchanama, dt.06.04.2024 from the mill of the petitioner and the consequential order in Rc.B2.127/2024 dt. 15.07.2024 passed by the 2"^ respondent rejecting the petition filed by the petitioner for release of seized rice and ordering to sell the same through public auction as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under including the A.P. State Targeted Public Distribution System (Control) Order, 2018 and consequently direct the respondents to release the seized stock to the petitioner and not to take any action in 2 pursuance of the illegal seizure and orders in the interest ofjustice. ” pass such other order or 2- The case of the petitioner that the bags of rice from M/s.Sri Venkata Flour Mill, Kandukuru. On the officials, the 3'"' petitioner has purchased 290 Sai Dattatreya Raw-Boiled Rice and panchanama conducted by the revenue respondent has seized the stock. The petition on 15.04.2024 for release petitioner filed a of 14,500 kgs of rice which is equivalent 290 bags, which 15.07.2024 vide order in Rc.B2.127/2024. was rejected by the 2"^ respondent Questioning the same, the on petitioner has filed the present writ petition. 3. Learned counsel for the petitioner purchased rice from Boiled Rice and Flour Mill and 6, dated 04.04.2024. The 3'"^ jurisdiction has seized the ri submits that the petitioner has a miller namely Sri Venkata Sai Dattatreya Raw- Kandukuru through valid invoice No.3,4,5 respondent without any authority or - rice without considering the explanation the petitioner. Except seizing the rice, the 3^"^ of respondent has not collected samples to send for analysis. 4. Learned counsel for the was taken out of the Essential Commodities petitioner further submits that the rice Act by way of an order passed by the Ministry of Consumer Distribution, Governrneht of India, 15.02.2002 issued in exercise of the powers conferred by Section the Act. Therefore, the rice is not an essential Affairs, Food and Public New Delhi in G.S.R. 104(E), dated 3 of commodity, hence, no 3 a action under Section 6-A of the Essential Commodities Act can be r initiated. Hence, the impugned proceedings, dated 15.07.2024 passed by the 2'^'^ respondent ordering to sell the seized stock through public auction is illegal and arbitrary. Learned counsel further requested to direct the respondents to release of the stock on the condition to furnish personal or third party immovable property as security. 5. Learned Assistant Government Pleader submits that in case if the Court is inclined to give a direction to release the stock, condition may be imposed. 6. In view of the submissions made by the learned counsel for the petitioner as well as the learned Assistant Government Pleader, since the disposal of the proceedings under Section 6A of the Essential Commodities Act would take further time, the commodity may get perished, this Court deems it appropriate to direct the respondent to release the seized stock on furnishing personal or third party immovable property towards security. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Food, Civil Supplies and Consumer Affairs Department. State of AP Secretariat Buildings, Velagapudi, Guntur District. 2. The Collector (Civil Supplies) 3. The Deputy Tahsildar, Nellore District. 4. OneCCto Sri. V Sudhakar 5. Two CCS to GP for Civil [OUT] 6. Three CD Copies Nellore, SPSR Nellore District. Kandukur, Office of Tahsildar, Kandurku, SPSR Reddy Advocate [OPUCJ Supplies, High Court Of Andhra Pradesh. GSC HIGH COURT DATED:25/03/2025 ORDER WP.No.20257 of 2024 X 0^ APR 2025 ^ Current Section m Oil DISPOSING OF THE WP WITHOUT COSTS