Extracted from the PDF above. The PDF is authoritative.
APHC010412582025
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21360/2025 Between:
1. G LAKSHMI, W/O RAMUDU, AGED 38 YEARS, OCC OWNER OF THE VEHICLE, R/O H.NO. 6/980, BOYAGIRI VILLAGE, ADONI MANDAL, KURNOOL DISRICT. (OWNER OF THE VEHICLE NO. AP 39 TM 0849)
2. . SRI SAKKARI VEERAPPA @ VEERESH,, AGED ABOUT 55 YEARS, OCC DRIVER CUM OWNER OF THE RICE, R/O G.HOSALLI, ADONI MANDAL, KURNOOL DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRATARAIT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, KURNOOL DISTRICT. 3. THE CIVIL SUPPLIES, TAHSILDAR, ALUR MANDAL, KURNOOL DISTRICT. 4. THE CIVIL SUPPLIES DY TAHSILDAR, ALUR MANDAL, DISTRICT. 5. THE STATION HOUSE OFFICER, ALURU POLICE STATION, KURNOOL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21360/2025 G LAKSHMI, W/O RAMUDU, AGED 38 YEARS, OCC OWNER OF THE VEHICLE, R/O H.NO. 6/980, BOYAGIRI VILLAGE, ADONI MANDAL, KURNOOL DISRICT. (OWNER OF THE VEHICLE NO. AP . SRI SAKKARI VEERAPPA @ VEERESH,, S/O CHINNA MUKAIAH, AGED ABOUT 55 YEARS, OCC DRIVER CUM OWNER OF THE RICE, R/O G.HOSALLI, ADONI MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, FOOD AND CIVIL SUPPLIES AND CONSUMER RS DEPARTMENT, SECRATARAIT, VELAGAPUDI, GUNTUR THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, KURNOOL DISTRICT. THE CIVIL SUPPLIES, TAHSILDAR, ALUR MANDAL, KURNOOL THE CIVIL SUPPLIES DY TAHSILDAR, ALUR MANDAL, THE STATION HOUSE OFFICER, ALURU POLICE STATION, KURNOOL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA G LAKSHMI, W/O RAMUDU, AGED 38 YEARS, OCC OWNER OF THE VEHICLE, R/O H.NO. 6/980, BOYAGIRI VILLAGE, ADONI MANDAL, KURNOOL DISRICT. (OWNER OF THE VEHICLE NO. AP S/O CHINNA MUKAIAH, AGED ABOUT 55 YEARS, OCC DRIVER CUM OWNER OF THE RICE, R/O G.HOSALLI, ADONI MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL.
SECRETARY, FOOD AND CIVIL SUPPLIES AND CONSUMER RS DEPARTMENT, SECRATARAIT, VELAGAPUDI, GUNTUR THE JOINT COLLECTOR AND ADDITIONAL DISTRICT THE CIVIL SUPPLIES, TAHSILDAR, ALUR MANDAL, KURNOOL THE CIVIL SUPPLIES DY TAHSILDAR, ALUR MANDAL, KURNOOL THE STATION HOUSE OFFICER, ALURU POLICE STATION, 2 ...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 topleased to issue order or dircetion more particularly one in the nature of Writ of MANDAMUS action of the respondent authorities seizing the of stock under Mahazarnama dt 10.12.2024 and initiation of proceedings under Sec.6 (A) of EC Act by the 2nd respondent as illegal, arbitrary , null and void and without any authority and modify the order passed by the 2nd respondant to immovable security or personal bond with third part surety consequently direct the respondent authorities to release the seized stock to the petitioner in the interest of justice 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 pleased to direct the respondents 2 to 4 to release the seized stock to the petitioners with thirdparty security or personal bond (to the value of the stock) pending disposal of the writ petition and pass IA NO: 2 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 be pleased to permit the petitioner to amend the prayer as follows: Writ of MANDAMUS action of the respondent authorities seizing the of stock under Mahazarnama dt 10- 12- 2024 and initiation of proceedings under Sec 6 A of EC Act by the 2nd respondent as illegal arbitrary null and void and without any authority and modify the order passed by the 2nd respondant to immovable security or personal bond with third part surety consequently direct the respondent authorities to release the seized stock to the petitioner in the interest of justice and to pass" in place of "Writ of Mandamus declaring the action of the respondent authorities in seizing the stock under Mahazarnama dated 11.03.2023 and initiating proceedings under Section 6(A) of the Essential Commodities Act, 1955, by the 2nd respondent, as illegal, arbitrary, hull and void, and without
any authority; and to modify the order passed by the 2nd respondent to immovable security or personal bond with third- party surety, and consequently direct the respondent authorities to release the seized stock along with vehicle bearing No. AP 39 TM 0849, in the interest of justice and be pleased to pass 3 Counsel for the Petitioner(S): 1. SRAVAN KUMAR NAIDANA Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR CIVIL SUPPLIES
4
The Court made the following Order:
When the matter is taken up today, learned counsel for the petitioners sought permission of this Court to withdraw this writ petition with a liberty to file an appeal as against the conclusion orders under Section 6-C of the Essential Commodities, 1955, along with the stay petition. 2. Permission is accorded. 3. Accordingly, this Writ Petition is dismissed as withdrawn with a liberty to the petitioners to file an appeal as against the conclusion orders under Section 6-C of the Essential Commodities, 1955, along with the stay petition. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA
Dated: 10.09.2025 MDP