APHC010428952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 22339 OF 2025 Between: Shaik Mohiddin Peera, S/o. Shaik Dariya Vali, Aged about 26 years, Occ: R/o. D.No.1-384, Bethapudi Village, Phirangipuram Owner of Vehicle, Mandal, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Velagapudi, Amaravati, Guntur Supplies Department, Secretariat, District. 2. The Joint Collector CS, Narasaraopet, Palnadu District. 3. The Tahsildar, Nadendia Mandal, Vizianagaram Dist. 4. The Station House Officer, Nadendia Police Station. Nadendal, Palnadu District. ...Respondents 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 appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not releasing the vehicles Bolero Auto bearing No. AP 39 UQ 1841 in favour of the petitioner, which was seized on 08.05.2025 on the alleged transportation of PDS rice 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 vehicle in favour of the petitioner. r f lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the seized Bolero Auto bearing No. AP 39 UQ 1841 in favour of the petitioner forthwith pending disposal of the above writ petition. Counsel for the Petitioner: NAGAM CHANDRASEKHAR REDDY Counsel for the Respondent Nos.1 to 3 : GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4 : GP FOR HOME The Court made the following order: APHC010428952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI {Special Original Jurisdiction) [3333] THURSDAY. THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22339/2025 Between: 1.SHAIK MOHIDDIN PEERA, S/0. SHAIKDARIYAVALI, AGED ABOUT 26 YEARS, OCC. OWNER OF VEHICLE BETHAPUDI VILLAGE, DISTRICT. R/0. D.NO.1-384 PHIRANGIPURAM MANDAL, GUNTUR ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, 2.THE JOINT . COLLECTOR CS, NARASARAOPET, PALNADU DISTRICT. 3.THE TAHSILDAR, NADENDIA MANDAL, VIZIANAGARAM DIST. 4.THE STATION HOUSE OFFICER, NADENDIA POLICE STATION NADENDAL, PALNADU 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 topleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not releasing the vehicles Bolero Auto bearing No. AP 39 UQ 1841 in favour of the petitioner, which was seized on 08.05.2025 on the alleged transportation of PDS rice is illegal, arbitrary, without any authority VS,J W.PNo.22339of2025 ' 2 or jurisdiction and contrary to the provisions of the Essential of law Commodities Act, 1955 and consequently direct the respondents to release the seized vehicle in favour of the petitioner and to pass lA 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 Bolero Auto bearing No. AP 39 UQ 1841 in favour of the petitioner forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.NAGAM CHANDRASEKHAR REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES The Court made the following: VS,J W.P No. 22339 of 2025 3 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not releasing the vehicles Bolero Auto bearing No.AP 39 UQ 1841 in favour of the petitioner, which was seized on 08.05.2025 on the alleged transportation of PDS rice 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 vehicle In favour of the petitioner...." 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 3. The present writ petition is filed seeking a direction to the respondents to release the Bolero Auto bearing registration No.AP 39 Q 1841, which was seized by the respondents, on the ground that it was found carrying 40 PDS rice bags. 4. It is the case of the petitioner that, for release of the said vehicle, the petitioner has already filed petition vide CrI.M.P.No. 176/2025 before the Additional Civil Judge (Junior Division), Chilakaluripet, under Section 497 and 503 of BNSS. However, the said petition was dismissed on 27.06.2025. The relevant portion of the order reads as follows: “As there is a bar under Section 6-E of E.C. Act to release vehicles involved in illegal transportation of Essential commodities. Hence this Court cannot ordered release of seized vchinie as the above provision bars the jurisdiction of this Court VS,J W.P No. 22339 of 2025 4 from ordering release of the seized goods or vehicles as such the petition filed by the petitioner has to be dismissed.” The learned counsel for the petitioner has also placed on record a copy 5. of the order dated 16.12.2024 in W.P.No.27515 of 2024, passed under similar circumstances, wherein this Court disposed of the writ petition by granting liberty to the petitioner to file the necessary applications before the appropriate authorities for release of the vehicle within one week from the date of the said order and further directed that the said applications be disposed of by the concerned authorities in accordance with law within one week thereafter. In view of the above, the learned counsel for the petitioner requested to 6. pass a similar order in this writ petition also. Having considered the submission of the learned counsel and in view of 7. the earlier order dated 16.12.2024 in W.P. No. 27515 of 2024, this Writ Petition is also disposed of on similar lines. The petitioner is granted liberty to file appropriate applications before the competent authorities for release of the vehicle within one week from the date of receipt of a copy of this order. Upon such filing, the concerned authorities shall consider and dispose of the said applications strictly in accordance with law, within one week thereafter. Accordingly, the Writ Petition is disposed of. There shall be no order as 8. to costs. The Registry is directed to attach a copy of the order in W.P.No.27515 9. of 2024 dated 16.12.2024, to this order. VS,J W.P No. 22339 of 2025 5 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. Sd/- U SRI DEVI ASSISTANT REGISTRAR SECTION OFFICER //true copy/ To 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Joint Collector CS, Narasaraopet, Palnadu District. 3. The Tahsildar, Nadendia Mandal, Vizianagaram Dist. 4. The Station House Officer, Nadendia Police Station Palnadu District. 5. One CC to Sri Nagam Chandrasekhar Reddy, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh [OUT] 8. Two CD Copies (Along with copy of the order dated.16.12.2024 in W.P. No.27515 of 2024 enclosed herewith)* Nadendal, Cnr ■ HIGH COURT DATED:28/08/2025 ORDER WP NO. 22339 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS 1 BSBJ W.P.No.27515 of2024 APHC010532872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) n [3311] MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 27515/2024 Between: Gedela Krishna and Others ...PETITIONER(S) AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.M M M SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: This Writ Petition under Article 227 of Constitution of India is filed for the following relief: “to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not releasing the vehicles Bolero Van bearing No.AP 39 TZ 9422; Tata Magic bearing No.AP 39 UE 3921 & Auto Rickshaw bearing No.AP 35W 3808 in favour of the 2 BSBJ W.P.No.27515 of 2024 petitioners, which were seized on 03.10.2024 on the alleged transportation of PDS rice as 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 vehicle in favour of the petitioners, and pass such other order or orders that the Honourable Court may deem fit and proper in the interest of Justice. ” 2. The case of the Writ Petitioner is briefly as follows: The petitioners are the owners of the subject seized vehicles, purchased by borrowing huge amount from the close relatives and financiers. By running the vehicles, the petitioners have been eking their livelihood and repaying the monthly instalments to the financiers. On 03.10.2024 at about 5.00 A.M., the Inspector of Police, Cheepurupalli Mandal, Vizianagaram District - 4*^ respondent intercepted the vehicles at Three Road Junction, Cheepurupalli and found PDS rice of 200 Kgs, 500 Kgs and 300 Kgs while transporting the same to Hariprasad Rice Mill, Cheepurupalli. The petitioners have been running the vehicles on hire basis and are no way concerned with the said PDS rice. The 2^^ petitioner gave his vehicle to his driver viz., M.Rami Reddy for transportation of the goods. On 02.10.2024, one knowing person hired the vehicle for transportation of the rice. Believing his version, the petitioners agreed to transport the same. The said person took the vehicle to his residence and 3 BSBJ W.P.No.27515 of 2024 loaded the rice. While going towards Cheepurupalli, the police stopped the same and seized the vehicles on the pretest of PDS rice. Though the petitioners have specifically stated that they are no way concern with the rice and the vehicles were hired on transport charge basis, without hearing them, the 4'^ respondent obtained their signatures on the panchanama under threat and force. The petitioners are not aware of the contents of the panchanama. Basing on the seizure, the police registered crime in F.I.R.No.128/2024 for the alleged offence under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 7(1) of the Essential Commodities Act, 1955. Pursuant to said seizure of the vehicles, on 08.10.2024, the petitioners filed CrI.M.P. (SR) No.6223/2024 before the learned Judicial First Class Magistrate, Cheepurupalli under Section 497(2) of the Bharatiya Nagarik Suraksha Sanhita, however, the said petition was returned on 14.10.2024 for lack of jurisdiction as the offence related to Section 7 of the Essential Commodities Act, 1955. The learned counsel for the petitioners submitted that it is only after 3. filing of the writ petition, the concerned authorities have followed the proper procedure of producing the vehicles before the appropriate authority and that he could understand from the written instructions given to the learned Government Pleader about the mistake committed in giving custody of the vehicles and therefore, the petitioners had no opportunity to move appropriate petition before the concerned authority for release of vehicles. f 4 BSBJ W.P.No.27515 of 2024 The learned Assistant Government Pleader for Civil Supplies placed on 4. record the written instructions of the Tahsildar, Cheepurupalli in Rc.No.264/2024/SA dated 02.12.2024 and submitted that the Sub-Inspector of Police had addressed a letter dated 20.11.2024 to the Joint Collector, Vizianagaram stating that after registering the FIR, a memo had been mistakenly submitted before the learned Judicial First Class Magistrate, Cheepurupalli requesting to issue necessary directions about the seized PDS rice and to proceed with further investigation, but, when the Court returned the memo after a few days with directions to approach the revenue department, the Sub-Inspector had requested to issue necessary directions regarding the seized stock and to proceed with further investigation in this case. Fie further stated that the Civil Supplies Deputy Tahsildar, Cheepurupalli had booked a case under Section 6A of the Essential Commodities Act, 1955, on 23.11.2024 and he had handed over the seized stock to the MLS Point Incharge, Cheepurupalli, and vehicles to the Station Flouse Officer Cheepurupalli for safe custody under the cover of the mediators report and he had filed the same before the Joint Collector, Vizianagaram. 5. In view of the submissions made by both the counsel, this Writ Petition is disposed of giving liberty to the petitioners to file necessary applications. before the appropriate authorities for release of the vehicles, within one (1) week from the date of this order, and thereafter, the applications shall be 5 BSBJ W.P.No.27515 of 2024 disposed of in accordance with law by the authorities concerned within one (1) week therefrom. There shall be no orders as to costs. As as sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. JUSTICE B.S. BHANUMATHI Note: Issue C.C. by 17.12.2024 (Bio) MVA