APHC010481432018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22839/2018 Between: 1. P. RAMAIAH,, S/O NAGAIAH, AGE 41 YEARS, PROPRIETOR OF SHIRDI SAI RICE PRODUCTS, GURIJAVOLU VILLAGE, NADENDLA MANDAL. GUNTUR DISTRICT. ...PETITIONER AND 1. STATE OF A P, REP. BY ITS SECRETARY FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE COLLECTOR CS, PRAKASAM DISTRICT AT ONGOLE. 3. THE ENFORCEMENT DEPUTY TAHSILDAR, SINGARAYAKONDA MANDAL, PRAKASAM 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 toto issue an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.3 in seizing load of rice i.e., 537 bags belonging to the petitioner from the lorry bearing No. AP 04 TX 8789 on 18.04.2018 on the National Highway on southern side of Tanguturu Toll Plaza and further order of the Collector (CS), Prakasam district, Ongole, the 2nd respondent herein in Rc.CS1/6A/33/2018, dt.12.06.2018 directing the petitioner to furnish a bank guarantee for an amount of Rs.5,00,000/- for release of rice as illegal, arbitrary and violative of 2 VS,J W.P.No.22839 of 2018 the provisions of the Essential Commodities Act, 1955 and the Orders made there under and to set aside the order of the 2nd respondent and consequently direct the respondents not to take any action in pursuance of the illegal seizure and to pass IA NO: 1 OF 2018 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 to direct the respondents to release 537 bags of rice seized by the 3rd respondent on 18.04.2018, to the petitioner by suspending the operation of the order in Rc.CS1/6A/33/2018, dt.I 2.06.2018 passed by the 2nd respondent herein, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.22839 of 2018 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, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.3 in seizing load of rice i.e., 537 bags belonging to the petitioner from the lorry bearing No.AP 04 TX 8789 on 18.04.2018 on the National Highway on southern side of Tanguturu Toll Plaza and further order of the Collector (CS), Prakasam district, Ongole, the 2nd respondent herein in Rc.CS1/6A/33/2018, dated 12.06.2018 directing the petitioner to furnish a bank guarantee for an amount of Rs.5,00,000/- for release of rice as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and to set aside the order of the 2nd respondent and consequently direct the respondents not to take any action in pursuance of the illegal seizure ….” 2. When the matter came up for admission on 05.07.2018, this Court passed the following interim order: “Having regard to the law declared by the Court in Maimuma Begum v. State of Telangana and Others the Andhra Pradesh State Public Distribution System (Control) Order, 2008 does not operate after the Public Distribution System rice reaches the card holder and the card holder sells it, there shall be interim direction as prayed for and also interim suspension as prayed for.” 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 4 VS,J W.P.No.22839 of 2018 4. 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 herein under Section 6-A of the Essential Commodities Act, 1955 vide Rc.CS1/6A/33/2018, dated 17.01.2024, confiscating 50% of the seized stock of 268.50 quintals of rice in 537 plastic bags or its value in favour of the Government and with regard to the seizure of the Ashok Leyland Lorry bearing registration No.AP04TX-8789, as the 2nd respondent has already passed final orders under Section 6-A of Essential Commodities Act, 1955, on 17.01.2024, no further orders are required in the present writ petition. 5. 5. In view of the same, the Writ petition is closed, however, giving liberty to the petitioner to challenge the order dated 17.01.2024 passed 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 :02.09.2025. KGR