- AC- • \ APHC010498682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE i PRESENT a THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 25576 OF 2025 Between: Gostu Subramanyam, S/o. Venkata Subbarao, aged- 43 years, R/o. D.No.4- 242, C S Puram Road, Pamuru Mandal and Village Andhra Pradesh State. Prakasam District, ...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. 3. The Mandal Agriculture Officer and Fertilizer Inspector, Pamuru Mandal and Village, Prakasam District. 4. The Inspector of Police, Vigilance and Enforcement, Ongole, Prakasam 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 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/128/2025 dated 06.09.2025, directing the Respondent No.3 to dispose of the seized stocks of 25.175 MTs, but wrongly mentioned as 24.015 MTs of five 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 25.175 MTs, but wrongly mentioned as 24.015 MTs of five different verities of fertilize'"® stock to the petitioner on furnishing bank guarantee for the value of the above seized stock. IANQl1OF20^ 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 stocks of 25.175 MTs, but wrongly mentioned as 24.015 MTs of five 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 MADHAVA RAO NALLURI 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: p APHC010498682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25576/2025 Between: 1.GOSTU SUBRAMANYAM, , S/0. VENKATA SUBBARAO, AGED- 43 YEARS, R/0. D.NO.4-242, C S PURAM ROAD, PAMURU MANDAL AND VILLAGE, PRAKASAM DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, MANDAL, GUNTUR DISTRICT. TULLUR 2.THE COLLECTOR CS, PRAKASAM DISTRICT AT ONGOLE. 3.THE MANDAL AGRICULTURE OFFICER AND FERTILIZER INSPECTOR, PAMURU MANDAL AND VILLAGE, PRAKASAM DISTRICT. 4.THE INSPECTOR OF POLICE, VIGILANCE AND ENFORCEMENT, ONGOLE, 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 topleased 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/128/2025 dated 06.09.2025, directing the Respondent No.3 to dispose of the seized stocks of 25.175 MTs, but 2 VS,J W.P.No.25576 of 2025 wrongly mentioned as 24.015 MTs of five different verities of fertilizers i Illegal, arbitrary and violation of Article 14 and 19(1)(g) of the Constitution India and consequently direct the respondents to release the seized stocks of 25.175 MTs, but wrongly mentioned as 24.015 MTs of five different verities of fertilizers stock to the petitioner on furnishing bank guarantee for the value the above seized stock and 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 stocks of 25.175 MTs but wrongly mentioned as 24.015 MTs of five 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 and Counsel for the Petitioner: 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES IS of of pass 3 VS,J W.P.No.25576 of 2025 The Court made the following Order: The present Writ Petition came to be filed under Article 226 of the : / ^ j 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.CS1/6A/128/2025 dated 06.09.2025, directing the Respondent No. 3 to dispose of the seized stocks of 25.175 MTs, but wrongly mentioned as 24.015 MTs of five 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 25.175 MTs, but wrongly mentioned as 24.015 MTs of five different verities of fertilizers stock to the petitioner on furnishing bank guarantee for the value of the above seized stock and to pass such other order or orders ....” The petitioner is doing fertilizers business under the name and style of Lakshmi Srinivasa Fertilizers, Pamuru Village & Mandal, Prakasam District, 2. with authorization letter No.PKM/52/ADA/FR/2020/25997 dated 22.09.2020 and the same is valid till 21.09.2025. The petitioner obtained GST Registration Certificate and he has been paying taxes to the Government. While the matter being so, on 26.08.2025, at about 11:00 A.M., due to 3. agriculture season, one of the ryoth came to the petitioner’s shop for purchasing fertilizers. At that point of time, e-PoS machine did not work due to server problem and as such the petitioner refused to sell the fertilizers. The said 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 fertilizers through invoices. Thereafter, basing on the false complaint given by some third persons, on 26.08.2025 at about 4 VS,J W.P.No.25576 of 2025 3:15 P.M., the 4'^ respondent along with the S'"' 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 25.175 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., on 26.08.2025. Thereafter, the petitioner filed an application on 08.09.2025 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 custodian and to dispose of the same and also send a copy of Challan to D.S.O’s office immediately. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies representing the respondents. 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.25576 of 2025 to take possession of the seized stocks from the 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. In view of the same, the Writ Petition is allowed by setting aside the 7. impugned proceedings of the 2"'' respondent dated 06.09.2025. But, however, the petitioner has already filed an application on 08.09.2025 before the 2 respondent on the same day, nd nd respondent, which was received by the 2 seeking release of the seized stocks, on payment of nominal bank guarantee/security and as the same is pending before the 2^^ respondent. nd respondent to consider the same for there shall be a direction to the 2 release of the stocks of 485 bags of fertilizers, which was 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"^^ respondent 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 REGIStf?AR * SECTION OFFICER //TRUE COPY// 4 To, 1. The Principal Secretary, Consumer Affairs Food and Civil Supplies State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village Tullur Mandai, Guntur District. 2. The Collector CS, Prakasam District at Ongole. 3. The Mandal Agriculture Officer and Fertilizer Inspector, 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 [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 Cnr HIGH COURT DATED:22/09/2025 ORDER WP NO. 25576 OF 2025 % g 2 3 S'^P 2025 m &J Curreni oeciion i.ry'' ALLOWING THE W.P. WITHOUT COSTS f f