GURRAMKONDA JEELANI BASHA v. The State of Andhra Pradesh
WP/21368/2025 · 2025-08-19
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28652 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28652 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010408262025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21368/2025 Between:
1. GURRAMKONDA JEELANI BASHA, S/O. BASHAJAAN, AGED ABOUT 38 YEARS, R/O. D.NO. 65/25, NAYAB SAB STREET, RAYACHOTI, KADAPA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, , REP.BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE JOINT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY. 3. THE TAHASILDAR, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. 4. THE INSPECTOR OF POLICE, MADANAPALLE I TOWN P.S., ANNAMAYYA 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 tomay be pleased to issue an appropriate writ, order or direction, particularly a Writ of Mandamus declaring the action of Respondent No.2 in not disposing the proceedings in Ref.No. CS(1 )/32/2024 as illegal, arbitrary and unconstitutional and consequently direct the respondent No.2 to dispose the proceedings in Ref.No. CS(1 )/32/2024 forthwith and pass such
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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 may be pleased to direct the Respondent No. 2 to release the stock in respect of Ref.No. CS(1 )/32/2024, pending disposal of this Writ Petition, and pass such Counsel for the Petitioner:
1. CHAKRAVARTHY P V S K Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“….to issue an appropriate writ, order or direction, particularly a Writ of Mandamus declaring the action of Respondent No.2 in not disposing the proceedings in Ref.No.CS(1)/32/2024 as illegal, arbitrary and unconstitutional; and consequently direct the respondent No.2 to dispose the proceedings in Ref.No.CS(1)/32/2024 forthwith….”
2. The petitioner is engaged in the business of rice trade, operating under a valid Trade License bearing No.202210901081 dated 19.02.2020, under the name and style of “RIHAN STORES”. In the course of said business, the petitioner purchased paddy from several agriculturists after duly paying market cess to the Rayachoty Agricultural Market. 3.
While the matter being so, on 16.04.2024 at about 10.00 a.m., while conducting a routine vehicle check, the 4th respondent along with his staff, intercepted the Lorry bearing registration No.AP04W3716, in which the petitioner was transporting 734 bags of rice, and seized 583 bags of rice alleging that the petitioner was transporting PDS rice. Thereafter, a case was registered under FIR No.98 of 2024 against the petitioner. Basing on a report submitted by the 4th respondent, the 2nd respondent initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 and issued show- cause notices to the petitioner and two of his employees. Subsequently, the 2nd respondent passed a confiscation order dated 12.07.2024, ordering 100% confiscation of the seized stock and further directed to conduct public auction. VS,J W.P No.21368 of 2025 4
Aggrieved by the said confiscation order, the petitioner filed Criminal Appeal No.111 of 2024 before the Principal District & Session Judge, Chittoor. The said appeal was partly allowed by setting aside the impugned order dated 12.07.2024 passed by the 2nd respondent, and the matter was remanded back to the 2nd respondent for fresh consideration after duly providing an opportunity of hearing to the petitioner, vide order dated 27.01.2025. 4. The grievance of the petitioner in the present writ petition is that, despite the specific direction in the Judgment dated 27.01.2025 in Criminal Appeal No.111 of 2024, the 2nd respondent has failed to dispose of the matter till date. 5. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies for respondents No.1 to 3 and learned Assistant Government Pleader for Home for respondent No.4. 6.
Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies has furnished a copy of the order passed by the 2nd respondent on 02.07.2025, which was passed in pursuance of the orders passed by the Principal District & Sessions Judge, Chittoor, in Criminal Appeal No.111 of 2024, dated 27.01.2025, which reads as follows:
“In the result, I hereby ordered confiscation 100% of the value of the seized stocks to State U/s 6-A of the E.C. Act, 1955 and imposing an amount of Rs.2,00,000/- towards fine on the owner of the Ashok Ley land bearing No.AP04-W-3716 for the irregularities committed.”
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7. In view of the above, and since the 2nd respondent has already passed the order in terms thereof, this Court is of the opinion that no further cause survives in this writ petition. 8. Accordingly, the Writ Petition is closed. However, the petitioner is at liberty to challenge the proceedings dated 02.07.2025 issued by the 2nd respondent. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date :20.08.2025. KGR