APHC010404512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20659/2025 Between: 1. K BRAMHESWARA REDDY,, S/O BRAMHA REDDY, AGED 42 YEARS. OWNER OF VEHICLE BEARING NO.AP39 UL3616, R/O JALADANKI VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, SPSR NELLORE. 3. THE TAHSILDAR, KONDAPURAM, SPS NELLORE DISTRICT. 4. THE STATION HOUSE OFFICER, KONDAPURAM P.S, SPS NELLORE DISTRICT. ...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, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of 3rd respondent in seizing Tata Bolero bearing NO.AP39 UL3616 and the order of the 2nd respondent Rc.B2.91/2025, dt. 16.07.2025 directing the petitioner to 2 VS,J W.P.No.20659 of 2025 produce Bank FDR for an amount of Rs. 1,83,281.50/- for release of the same as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents to release the vehicle to the petitioner and not to take any action m pursuance of the illegal seizure and to pass IA 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 vehicle Tata Bolero bearing No. AP39 UL3616 to the petitioner by suspending the order of the 2nd respondent passed in Rc.B2.91/2025, dt. 16.07.2025, pending disposal of writ petition and pass Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.20659 of 2025 ORDER: The present Writ Petition is filed challenging the action of the 3rd respondent in seizing the Tata Bolero bearing No.AP39UL3616, as well as the order of the 2nd respondent in Rc.B2.91/2025, dated 16.07.2025, directing the petitioner to produce a bank FDR for an amount of Rs.1,83,281.50/- for release of the said vehicle. 2. Heard learned counsel for the petitioner and learned Government Pleaders for Civil Supplies and Home. 3. The learned counsel for the petitioner furnished a copy of the order passed by the Hon’ble Division Bench of this Court in Writ Appeal No.201 of 2022, wherein, under similar circumstances, this Court directed that the vehicle shall be released on the petitioner furnishing third party immovable property security to the value fixed for the said vehicle before the 6-A Authority and also furnishing an undertaking that the petitioner shall not alienate or create third-party interest over the subject vehicle during the pendency of the proceedings before the 6-A Authority. 4. Duly considering the orders passed in Writ Appeal No.201 of 2022, the present writ petition is also disposed of directing the petitioner to furnish third-party immovable property security or self-security to the value of the vehicle, as estimated by the 2nd respondent in proceedings dated 16.07.2025, and the petitioner shall also furnish an undertaking not 4 VS,J W.P.No.20659 of 2025 to alienate or create third-party interest over the subject vehicle during the pendency of the proceedings before the 6-A Authority, within a period of ten (10) days from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 05.08.2025 KGR