IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1324 OF 2025 Between: Ravulapalli Venkata Sambasiva, S/o Rama Yogaiah, aged about 47 years, occ. Business, Owner of M/s Venkata Rama Traders (Rice Mill) Thimmayapalem Road, Vinukonda Palnadu District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat, Velagapudi, Amaravati. The Joint Collector and Addl. District Magistrate, Palnadu District at Narsaraopet. The Civil Supplies Deputy Tahsildar, Vinukonda Mandal, Palnadu District. The Tahsildar, Vinukonda Mandal, Palnadu District. 1. 2. 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 may be pleased to issue an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in proposing to conduct auction of the seized stocks pursuant to the orders passed by the 2'"'^ respondent dt. 10-12-2024 in E.C.Act Case No. 94/2024-S5 without considering the petition filed by the petitioner on 28-12-2024 as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the orders passed by the 2nd more T respondent dt.10- 12-2024 in E.C.Act Case No. 94/2024-S5 and to order for release the seized stocks to the petitioner by accepting the third surety and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the party case. 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 grant stay of all further proceedings including conduct of auction of the seized stocks, pursuant to the orders passed by the 2nd respondent dt.10-12-2024 in E.C.Act Case No. 94/2024-S5, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI K. JOSEPH Counsel for the Respondent Nos.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010017812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1324/2025 Between: ...PETITIONER Ravulapalli Venkata Sambasiva AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.K JOSEPH Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. nd Challenging the proceedings, dated 10.12.2024 of the 2 respondent in conducting of public auction to dispose of the seized stocks on the ground that the stocks would be subjected to decay, the instant writ 2. petition is filed. 3. It is contended by the petitioner that the petitioner is purchasing paddy from the farmers for milling and trading the same and he is also maintaining the records by issuing valid bills and there has never been any violation in maintaining the stocks. The allegation of the respondents is that the petitioner is mixing the polished rice with the PDS rice and has been selling the same in the open market. 4. Learned counsel for the petitioner contends that the respondents instead of selling the seized rice in public auction, he may be permitted to have the stock on furnishing the sufficient security to the value of the stocks which is determined as Rs. 19.45,125/-, pending disposal of the proceedings before the Joint Collector, Palnadu. 5. Having regard to the contention of the both learned counsels, this Court is the view that the stock can be released to the petitioner on furnishing bank guarantee. The petitioner shall furnish bank guarantee for a sum of Rs. 19,45,125/- within a period of one (01) week from the date of receipt of this order. On furnishing of such bank guarantee, the respondents Nos.2 to 4 are directed to release the stock in favour of the petitioner, forthwith, if the stocks have not yet been disposed of in the open auction. 6. With the above observation, the writ petition is disposed of. There shall be no order as to costs ,. 3 As a sequel, all pending miscellaneous applications shall stand closed. //TRUE COPY// Sfc'< Oa/ Oh- ~ To 1. The Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Joint Collector and Addl. District Magistrate, Palnadu District at Narsaraopet. 3. The Civil Supplies Deputy Tahsildar, Vinukonda Mandal, Palnadu District. 4. The Tahsildar, Vinukonda Mandal, Palnadu District. 5. One CC to Sri K. Joseph, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:03/02/2025 ORDER % * 0 3 MAR 2025 m WP.No.1324 of 2025 sf'. Current Section . DISPOSING OF THE W.P. WITHOUT COSTS