APHC010498672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25556 OF 2025 Between: Muppasani Kranthi Kumar, , S/o. Srinivasulu, aged 35 years, R/o. D.No.2-46, Main Road, Pamuru Mandal and Village District, Andhra Pradesh State. Prakasam ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs Food and Civil Supplies, Secretariat Buildings Velagapudi Village Tullur Mandal, Guntur District. 2. The Collector CS, Prakasam District at Ongole. The Mandal Agriculture Officer and Fertilizer Inspector, Pamuru Mandal and Village, Prakasam District. The Inspector of Police, Vigilance and Enforcement, Ongole, Prakasam District. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.2 in issuing the Proceedings in Rc.CS1/6A/127/2025 may be dated 06.09.2025, directing the Respondent No.3 to dispose of the seized stocks of 24.015 MTs of four different verities of fertilizers is illegal, arbitrary and violation of Article 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the seized stocks of 24.015 MTs of four different verities of fertilizers stock to the petitioner on furnishing bank guarantee for the value of the above seized stock. 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 to direct the respondents to release; the seized stocks of 24.015 MTs of four different verities of fertilizers stock to the petitioner on furnishing bank guarantee for the value of the above seized stock pending disposal of the above writ petition. Counsel for the Petitioner: SRI MADHAVARAO NALLURI Counsel for the Respondent Nos.1,2,3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4: GP FOR HOME The Court made the following order: APHC010498672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) IP [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25556/2025 Between: 1.MUPPASANI KRANTHI KUMAR, , S/0. SRINIVASULU YEARS, R/0. D.NO.2-46, MAIN ROAD, PAMURU MANDAL AND PRAKASAM DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AGED 35 VILLAGE, AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR MANDAL, GUNTUR DISTRICT. COLLECTOR CS, PRAKASAM DISTRICT AT ONGOLE. MANDAL AGRICULTURE OFFICER AND FERTILIZER INSPECTOR, PAMURU MANDAL AND VILLAGE, PRAKASAM DISTRICT. 4.THE INSPECTOR OF ONGOLE, PRAKASAM DISTRICT. SRINIVASULU YEARS, R/0. D.NO.2-46, MAIN ROAD, PAMURU MANDAL AND PRAKASAM DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AGED 35 VILLAGE, AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE TULLUR MANDAL, GUNTUR DISTRICT. COLLECTOR CS, PRAKASAM DISTRICT AT ONGOLE. MANDAL AGRICULTURE OFFICER AND FERTILIZER INSPECTOR, PAMURU MANDAL AND VILLAGE, PRAKASAM DISTRICT. 4.THE INSPECTOR OF ONGOLE, PRAKASAM DISTRICT. 2.THE 3.THE POLICE, VIGILANCE AND ENFORCEMENT, ...RESPONDENT(S): ‘ of the Constitution of India praying that in the affidavit filed therewith, the High Court may be orders more particularly Petition under Article 226 circumstances stated in the ; pleased tomay be pleased to issue a writ order or ^ ^ one in the nature of writ of Mandamus declaring the acHon of he Respondent No.2 in issuing the Proceedings in Rc.CS1/6A/127/2025 dated 06.09^ ^ directing the Respondent No.3 to dispose of the seized stocks of 24.015 MTs 2 VS.J f% W.P.No.25556 of 2025 of four different verities of fertilizers is illegal, arbitrary and violation of Article 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the seized stocks of 24.015 MTs of four different verities of fertilizers stock to the petitioner on furnishing bank guarantee for the value of the above seized stock and pass such lA NO: 1 OF 20?^ Pemion 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 respondents to release the seized stocks of 24.015 MTs of four different verities of fertilizers stock to the petitioner furnishing bank guarantee for the value of the above seized stock pending disposal of the above writ petition and pass such on Counsel for the Petitioner: 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): ^ roD ,1-^ i.^i i v>i\ V ii_ ourrLiti) 3 VS,J W.P.No.25556 of 2025 The Court made the following Order: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- .. to issue a writ, order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.2 in issuing the Proceedings in Rc.CS 1/6A/127/2025 dated 06.09.2025, directing the Respondent No. 3 to dispose of the seized stocks of 24.015 MTs of four different verities of fertilizers is illegal, arbitrary and violation of Article 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the seized stocks of 24.015 MTs of four different verities of fertilizers stock to the petitioner furnishing bank guarantee for the value of the above seized stock and to pass such other order or orders ....” on 2 The petitioner is doing fertilizers business under the name and style of Muppasani Fertilizers. Pamuru Village & Mandal, Prakasam District, with authorization letter No.PKM/52/ADA/FR/2012/40 dated 18.05.2021 and the is valid till 17.05.2026. The petitioner obtained GST Registration same is Certificate and he has been paying taxes to the Government. 3 While the matter being so. on 26.08.2025. at about 9:00 A.M.. due to one of the ryoth came to the petitioner’s shop for PoS machine did not work due to agriculture purchasing fertilizers. At that point of time, e- server problem and as such the petitioner refused to sell the fertilizers. The ryoth requested the petitioner to sell the fertilizers to him. as it is urgent requirement for him and as the season has already commenced. On his request, the petitioner sold the fertilizer of 32 bags of Green Star through invoice bearing No.F/399 dated 26.08.2025. Thereafter, basing on the false cornpl^iut gWen by some third persons, on 26.08.2025 at about 11:30 A.M.. season said % vs,j^ W.P. No. 25556 of 2025 the 4'^ respondent along with the 3'^ respondent and other officers of their department inspected the petitioner’s shop and found variation in the fertilizers between available stocks and the e-PoS machine. On such variation, the inspecting officials seized the stocks of 24.015 MTs of stocks available in the petitioner’s shop and handed over the same to the 3^^ respondent and also directed the 3'“'^ respondent to initiate action under Section 6-A of the Essential commodities Act. 1955, before the 2"^ respondent on the same day. i.e. 26.08.2025. Thereafter, the petitioner filed on an application on 09.09.2025 before the 2 respondent, seeking to release the seized stocks on furnishing bank guarantee. 4. The grievance of the petitioner is that, without there being any show cause notice to the petitioner and even without calling for explanation from the petitioner, the 2"^^ respondent has passed the impugned proceedings dated 06.09.2025. directing the Mandal Agricultural Officer & Fertilizer Inspector, Pamuru. to take possession of the seized stocks from the dispose of the same and also send immediately. custodian and to a copy of Challan to D.S.O’s office 5. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies representing the respondents. Assistant 6. As the impugned proceedings dated 06.09.2025 were passed without issuing any show cause notice and without calling for explanation from the petitioner before directing the Mandal Agricultural Officer & Fertilizer Inspector 5 VS,J W.P. No. 25556 of 2025 custodian of the petitioner and dispose of the same, which is admittedly in violation of the principles of natural justice, the said orders are liable to be set-aside. to take possession of the seized stocks from the 7. In view of the same, the Writ Petition is allowed by setting aside the impugned proceedings of the 2"'' respondent dated 06.09,2025. But, however, the petitioner has already filed an application on 09.09 2025 before the 2"'^ respondent, which was received by the 2 seeking release of the seized stocks. nd respondent on the same day, of nominal bank on paymen guarantee/security and as the same is pending before the 2^^ respondent, there shall be a direction to the 2'"'^ respondent to release of the stocks of 584 bags of fertilizers, which consider the same for v/as seized from the petitioner’s fertilizer shop, on petitioner furnishing bank guarantee equivalent to the value of the seized stocks within a period of one (1] week from the date of receipt of a copy of this order and on such, the 2 nd resp indent shall release the seized stocks within a period of one (1) week, thereafter. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed Sd/- N NAGAMMA ASSISTANT REGIStflAR s6:tlONOFFICER //TRUE COPY// To, 1. The Principal Secretary, Consumer Affairs Food ;jnd Civil Supplies, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. 2. The Collector CS, Prakasam District at Ongole. 3. The Mandal Agriculture Officer and Fertilizer Inspiector, Pamuru Mandal and Village, Prakasam District. 4. The Inspector of Police, Vigilance and Enforcement, Ongole, Prakasam District. 5. One CC to Sri. Madhava Rao Nalluri, Advocate [OPUO 6. Two CCs to GP For Civil Supplies High Court of Andhra Pradesh [OUT] 7. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT]. 8. Two CD Copies. AL HIGH COURT CC TODAY DATED:22/09/2025 ORDER WP NO. 25556 OF 2025 ALLOWING THE W.P. WITHOUT COSTS