APHC010428552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22932/2025 Between: 1. PUPPALA SURI BABU, S/O.BRAHMAM AGED ABOUT 32 YEARS,OCC BUSINESS OWNER OF THE VEHICLE ASHOK LEYLAND DOST VEHICLE BEARING NO.AP 16TA 7249 R/O.CHILAKALAPUDI, MACHILIPATNAM KRISHNA DISTRICT, AP 2. SIRAMSETTY SRINIVASA RAO, S/O.DARMA RAO, AGED ABOUT 36 YEARS,OCC BUSINESS OWNER OF THE VEHICLE BEARING NO.AP 39 TL 6555 R/O.EDEPALLI, MACHILIPATNAM KRISHNA DISTRICT, ANDHRA PRADESH 3. . PONNURI SUBRAHMANYAM, S/O.P. NARASIMHA RAO AGED ABOUT 41 YEARS, OCC BUSINESS OWNER OF THE VEHICLE BEARING NO. AP 39VB 0766, R/O.BRAHMANA AGRAHARAM, NIZAMPET, MACHILIPATNAM KRISHNA DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY THE CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES CSI DEPARTMENT, AP SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE JOINT COLLECTOR CS, MACHILIPATNAM, KRISHNA DISTRICT, AP. 2 VS,J W.P.No.22932 of 2025 3. THE SPECIAL DEPUTY TAHSILDAR, CS), MACHILIPATNAM MANDAL, KRISHNA DISTRICT, AP. 4. THE TAHSILDAR, GUDUR, MACHILIPATNAM, KRISHNA DISTRICT, AP 5 5. THE VILLAGE REVENUE OFFICER, GUDUR, MACHILIPATNAM, KRISHNA DISTRICT,AP 6. THE INSPECTOR OF POLICE, VIGILANCE AND ENFORCEMENT (CS), VIJAYAWADA, KRISHNA DISTRICT, A.P. 7. THE STATION HOUSE OFFICER, GUDUR STATION, MACHILIPATNAM, KRISHNA DISTRICT, A.P ...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 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 to release the seized vehicles Ashok Leyland Diost vehicle bearing NO.AP16TA7249 belonging to the 1sr petitioner herein, the vehicle bearing No.Intra 50 Vehicle no: AP39VB0766 (TATA) belonging to the 2nd petitioner herein and the vehicle bearing No. Intra 30 Vehicle: AP39TL6555 (TATA) belonging to the 3rd petitioner herein pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. THOTA SUNEETHA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.22932 of 2025 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.22932 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an order, writ or direction more particularly one in the nature of Writ of mandamus declaring the action of the 2nd respondent in not considering and disposing of the representations dated 14.07.2025 filed for release of the vehicles Ashok Leyland Diost vehicle bearing No.AP 16 TA 7249 belonging to the 1st petitioner herein, the vehicle bearing No.Intra 50 vehicle No.AP 39 VB0766 (TATA) belonging to the 2nd petitioner herein and the vehicle bearing No.Intra 30 vehicle: AP39TL6555(TATA) belonging to the 3rd petitioner herein seized on the alleged transportation of PDS rice pending disposal of the 6A proceedings in ECP No.59/2025 on the file of the 2nd respondent herein under Essential Commodities Act, 1955 is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently direct the respondents to release the seized vehicles in favour of the petitioners herein and pass such other order or orders…” 2. The facts leading to the case are that the 1st petitioner is the absolute owner of the vehicle i.e., Ashok Leyland Dost bearing No. AP16TA7249, the 2nd petitioner is the absolute owner of the vehicle i.e., TATA Intra 50 bearing No. AP39VB0766 and the 3rd petitioner is the absolute owner of the vehicle i.e., TATA Intra 30 bearing No. AP39TL655. They purchased the said vehicles with financial assistance from relatives and financiers, and are eking out their livelihood by running them on hire and repaying loans. The vehicles had been hired by one K. Jaya Babu on 04.03.2025 for transportation of rice. 4 VS,J W.P.No.22932 of 2025 3. While the matter being so, on a complaint of the 3rd respondent regarding diversion of PDS rice, the Special Deputy Tahsildar (PDS), Machiliipatnam, under instructions of Vigilance & Enforcement officials, Vijayawada, seized 137.50 quintals of rice along with the petitioners’ vehicles. For which, the petitioners filed representations dated 14.07.2025 before the 2nd respondent seeking release of the seized vehicles. However, no orders have been passed nor issued any notice of enquiry in the pending proceedings under Section 6A of the Essential Commodities Act, 1955. Hence, the present writ petition is filed. 4. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies representing the respondents. 5. As the representations dated 14.07.2025 made by the petitioners are pending, instead of going into merits of the case, this Court feels it appropriate to dispose of the Writ Petition directing the 2nd respondent to dispose of the petitioners’ representations for release of three vehicles, as expeditiously as possible, preferably within a period of two (02) weeks from the date of the receipt of the copy of the order. 6. Accordingly, the Writ Petition is disposed of with a direction to the 2nd respondent to dispose of the representations dated 14.07.2025 for release of three vehicles, as expeditiously as possible, preferably within a period of two (02) weeks from the date of the receipt of the copy of the order. No order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :03.09.2025 JLV