APHC010404582025 o IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI / (Special Original Jurisdiction) I Vi lU :3 ovv THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20893 OF 2025 Between: Kandula Jaya Babu, S/o Uma Maheswara Rao, Aged about 55 years, Hindu, Occ : Business, R/O D.No.3/365- A Nooruddinpeta, Javvarpeta, Machilipatnam, Krishna District, AP. Petitioner AND State of Andhra Pradesh 1, The - Reo bv Its Principal Secretary consumer Affairs, Food and Civil Supplies A.P.Secretariat CSl Department Velagapudi, Amaravathi, District, Andhra Pradesh Guntur Joint Collector (CS), Machilipatnam, Krishna District, A . 3.The Special Deputy Tahsildar, (CS), Machilipatnam Mandal, Krishna District, AP. 2. The 4. The Tahsildar, Gudur, Machilipatnam, Krishna District, AP 5. The village Revenue officer, Gudur, Machilipatnam, Krishna District,AP 6. The Inspector.of Police, and Enforcement (Cbj, Krishna District, A.P Vigilance Vijayawada ‘iw 4 : 7. The Station House Officer, Gudur Station, Machilipatnam, Krishna District, A.P S.Garlapati Jagan Mohan Rao S/O.Radha Krishna Murthy Owner of M/s.Gomati Rice Mill Tarakaturupalem Village, Guduru Mandal, Krishna District, AP 9 Puppala Suri Babu S/o.Brahmam Owner-cum-Driver of Ashok Leyland Dost Vehicle bearing No.AP 16TA 7249 R/o.Chilakalapudi, Machilipatnam Krishna District, AP I 10 Siramsetti Srinivasa Rao S/o.Dharma Rao, owner-cum-driver Vehicle bearing no.AP 39 TL 6555 R/o.Sukarlabad, Machilipatnam Krishna District, Andhra Pradesh I i t ! 1 5 11 Chitrada Aravind S/o.Pandu Ranga Rao Driver of TATA Intra Vehicle bearing No. AP 39VB 0766, R/o.Naidu Baddi Centre Hindu College Backside, Machilipatnam Krishna District, Andhra Pradesh. 12.MahepaHi Chandra Mohan Kumar @ Chinna S/o.Ranga Rao, R/o.Nijampeta, Machilipatnam (V) & (M) Krishna Distric Andhra Pradesh Respondents ( Petitioners No.8 to 12 are not necessary parties to the present writ petition) / Constitution of India praying that in the Petition under Article 226 of the circumstances stated in the affidavit fiied therewith, the High Court may be particularly one in the nature respondent in passing ECP No.59 of 2025 pleased to issue a writ, order or direction more of writ of Mandamus declaring the action of the 2 r nd confiscation proceedings under Section 6-A of EC Act in respondent herein to take delivery of the Dated 08.07.2025 directing the 4 respondent and to dispose of the seized seized stock from the custody of 5 stock by conducting open auction as being highly illegal. arbitrary, contrary to contemplated under Essential Commodities Act, 1955 and of natural justice and consequently to direct the the procedure as also violative of Principles respondents no. 2 to 6 to 276 bags belonging to the petitioner herein. release the seized stock i.e. 137.50 qtls of rice in lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to in the affidavit filed in suspend the impugned proceedings in ECP No.59 of 2025 Dated 08.07.2025 respondent and direct the respondent No.2 to 6 to release 137.50 qtls of rice in 276 bags belonging to the petitioner nd issued by the 2 the seized stock i.e., pending disposal of the above Writ Petition. Counsel for the Petitioner; M/s.THOTA SUNEETHA Counsel for the Respondent No.1: GP FOR CIVIL SUPPLIES Counsel for the Respondents No.2 to 5: GP FOR REVENUE Counsel for the RespondentsNo.6 & 7: GP FOR HOME Counsel for the RespondentsNo.8 to 12; None appeared The Court made the following Order; APHC010404582025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20893 OF 2025 Between: KANDULA JAVA BABU, S/0 UMA MAHESWARA RAO, AGED ABOUT R/0 D.N0.3/365-A KRISHNA 1. HINDU, OCC. BUSINESS 55 YEARS NOORUDDINPETA, JAWARPETA, MACHILIPATNAM DISTRICT, AP. ...PETITIONER AND PRADESH, REP.BY ITS PRINCIPAL AFFAIRS, FOOD AND CIVIL SUPPLIES A.P.SECRETARIAT 1. THE STATE OF ANDHRA SECRETARY CONSUMER CSI DEPARTMENT AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH VELAGAPUDI JOINT COLLECTOR CS, MACHILIPATNAM, KRISHNA 2. THE DISTRICT, AP. TAHSILDAR CS, MACHILIPATNAM 3. THE SPECIAL DEPUTY MANDAL, KRISHNA DISTRICT, AP. 4. THE TAHSILDAR, GUDUR, MACHILIPATNAM, KRISHNA DISTRICT, AP 5. THE VILLAGE REVENUE OFFICER, GUDUR, MACHILIPATNAM, KRISHNA DISTRICT,AP 6. THE INSPECTOR OF POLICE, VIGILANCE AND ENFORCEMENT (CS), VIJAYAWADA, KRISHNA DISTRICT, A.P OFFICER, GUDUR STATION, HOUSE 7. THE STATION 2 '4 MACHILIPATNAM, KRrSHNA DISTRICT, A.P 8. GARLAPATI JAGAN MOHAN RAO, S/O.RADHA KRISHNA MURTHY OWNER OF M/S.GOMATI RICE MILL VILLAGE, GUDURU MANDAL, KRISHNA DISTRICT, AP 9. PUPPALA SURI BABU, S/O.BRAHMAM OWNER-CUM-DRIVER OF ASHOK LEYLAND DOST VEHICLE BEARING NO.AP 16TA 7249 R/O.CHILAKALAPUDI, MACHILIPATNAM KRISHNA DISTRICT, AP 10.SIRAMSETTI SRINIVASA RAO, S/O.DHARMA RAO, OWNER-CUM- VEHICLE BEARING R/O.SUKARLABAD, MACHILIPATNAM ANDHRA PRADESH 11.CHITRADA ARAVIND, S/O.PANDU RANGA RAO DRIVER OF TATA INTRA VEHICLE BEARING NO. AP 39VB 0766, R/O.NAIDU BADDI CENTRE KRISHNA DISTRICT, ANDHRA PRADESH. TARAKATURUPALEM DRIVER NO.AP 39 TL 6555 KRISHNA DISTRICT, HINDU COLLEGE BACKSIDE, MACHILIPATNAM 12.MAHEPALLI CHANDRA MOHAN KUMAR CHINNA, S/O.RANGA RAO, R/O.NIJAMPETA, MACHILIPATNAM (V) AND (M) KRISHNA DISTRICT ANDHRA PRADESH RESPONDENTS ( PETITIONERS N0.8 TO 12 ARE NOT NECESSARY PARTIES TO THE PRESENT WRIT PETITION) ...RESPONDENT(S): Counsel for the Petitioner: 1.THOTASUNEETHA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20893 OF 2025 The Court made the following order; The writ petition is filed seeking direction to the respondents to release the seized stock i.e. 137.50 qtls of rice in 276 bags belonging to the petitioner. Heard Ms. T.Suneetha, learned counsel for the petitioner and learned Assistant Government pleader for Civil Supplies appearing for the 2. respondents. It is contended that the petitioner is a small trader in rice. On 02.07.2025, when the vehicles carrying the rice bags were stopped at Gomathi Rice Mill for weighing, the respondent seized the stock belonging to the petitioner, suspecting it to be intended for the public distribution system, alleging that the petitioner attempted to divert it to the black market in contravention of the APSTPDS (Control) Order, 2018. It is further argued that the respondents have also seized the rice mill, without considering the valid invoices and bills sought to be produced by the petitioner. When the petitioner has sought for release of the stock stating that the seized rice is not PDS rice, filed an application before the 2"'^ respondent, the same was rejected and the 4*'^ respondent was directed to take the delivery of the seized stock from the custody of the 5'^ respondent and conduct public auction. Hence, the instant writ petition. 3. The learned counsels would submit that similar matter in W.P.No.7713 of 2024 was disposed of by this Court, directing the respondents therein to 4. 4 tl release the stock in favour of the petitioner therein on furnishing security and requests that the same order may be passed in the present case also. 5. Perused the record, having regard to the petition is disposed of in terms of the order dated 28.03.2024. contentions advanced, the writ passed in W.P.No.7713 of 2024 6. In terms of the same, the Writ Petition is disposed of There shall be order as to costs. no 7. The Registry is directed to W.P.No.7713 of 2024, dated 01.04.2024 to this append a copy of the order passed i order. in As a sequel, all pending miscellaneous applications shall stand closed. SRIWIVAS ASSISTANT REGISTRAR //TRUE COPY// TOfCOmCER 1. The Principal Secretary Consumer Affairs, Food and Civil Supplies CSI Department, A.P.Secretariat Velagapudi, Amaravathi, Andhra Pradesh 2. The Joint Collector CS, Machilipatnam, Krishna 3. The Special Deputy Tahsildar CS, Machilipatnam Mandal, District, AP. 4. The Tahsildar, Gudur, Machilipatnam, Krishna 5. The village Revenue officer, Gudur, Machilipatnam, 6. The Inspector of Police, Vigilance and Enforcement Krishna District, A.P. 7. The Station House Officer, Gudur Station District, A.P. SEC To, Guntur District, District, AP. Krishna District, AP Krishna District,AP (CS), Vijayawada, Machilipatnam, Krishna \ • f*' 8. One CC to M/s. Thota Suneetha, Advocate [OPUC] 9. Two CCs to GP for HOME, High Court of Andhra Pradesh [OUT] Two CCs to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh [OUT] Two CCs to GP for REVENUE, High Court of Andhra Pradesh.[OUT] Two CD Copies 10. t 11. 12. Vna *Along with the copy of the Order passed in W.P.No.7713 of 2024, dated 01.04.2024. HIGH COURT DATED:07/08/2025 ORDER = 31) AUG 2025 „ ^ Current Section ^ m WP NO. 20893 OF 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1^- APHCO10148712024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7713/2024 Between: ...PETITIONER Mohansai Manikanta Rice And Generals AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: l.V SUDHAKAR REDDY Counsel for the Respondent(S): l.GP FOR CIVIL SUPPLIES (AP) The Court made the following: ORDER: Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record. The case of the petitioner is that the petitioner is the owner of the seized stock and vehicle. The petitioner is doing Riee business. The Respondent Nos.3 and 4 intercepted the petitioner’s vehicle at the underpass of Duggirala Village on NH-16 and highhandedly seized the same under the cover of mediators Report dated 02.03.2024 and they also collected the samples to send for analysis. 2) Learned counsel for the petitioner submitted that the petitioner filed a petition dated 11.03.2024 before the Respondent No.2, stating all the facts and requesting him to release the stock as well as the Vehicle. He further submits that the Assistant Manager (Tech), APSCSCL, Eluru has furnished the technical analysis Report dated 11.03.2024, wherein it is clearly reported that the refractions are no way tallied the specified refractions fixed for PDS rice. Therefore, the rice seized cannot be said that it is PDS rice and the Respondent No.2 ought to have released both vehicle as well as the rice unconditionally. But, the Respondent No.2 did not pass any orders till date. Learned counsel further submits that in view of the GOl 3) r 4) S.O.No.354(E), dated 29.11.2013, the APSCD(LS86R) Order, 2008 is not He further applicable in respect of “Paddy” and “Rice” from 01.12.2014. submits that the rice was taken out of the Essential Commodities Act by way of an order passed by the Ministry of consumer Affairs, Food and Public Distribution, Government of India, New Delhi in G.S.R.104 (E), dated 15.02.2002 issued in exercise of the powers conferred by Section 3 of the Act. Therefore, the rice is not an essential commodity, hence no action under Sec.6-A of the E.C Act can be initiated. Hence, the Writ Petition. Having heard the respective counsel and upon perusal of the material available on record, it is an admitted fact that subsequent to the seizure of the rice and vehicle, proceedings under Section 6-A are initiated before the 2"'^ Respondent, who is the competent authority. The illegality and validity of the seizure has to be decided by the 2'^'^ Respondent in 6-A proceedings. This Court is not inclined to interfere into the 6-A proceedings. 5) / . considering the facts and circumstances of the case and in the light of the latest order passed by a Division Bench of this Court in Onteru Bhaskar vs. State of Andhra Pradesh, represented by its 6) However, Principal Secretary, Civil Supplies Department and others ^ in our it is appropriate and reasonable to direct the considered opinion, Respondents to release the seized stock in favour of the petitioner respectively on imposing eertain conditions, to protect the interest of the Respondents, pending disposal of the 6-A proceedings. Accordingly, the writ petition is disposed of with the following 7) directions: The Respondents shall release the seized stock pursuant to the Mediators Report, dated 02.03.2024, in favour of the petitioner on condition of furnishing personal or third party immovable security property equivalent to the value of the seized stock, within a period of two (02) weeks from the date of receipt of a copy of this order. Further, directing the petitioner not to alienate the property offered as security in favour of the Respondents, for a period of three months. (i) (ii) (iii) There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand 8) closed. JUSTICE VENKATESWARLU NIMMAGADDA 28* March, 2024. Note; Issue CC by 01.04.2024 B/o. Knr ^ 2022 see Online AP 348