APHC010557402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29202/2024 Between: Gottapu Ramesh Babu ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: JS,J W.P.No.29202/2024 2 ORDER: The present Writ Petition is filed by the petitioner under Article 226 of the Constitution of India for the following relief: “…to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in seizing 268.90 Qtls of PDS rice contained in 557 bags belongs to the petitioner under cover of Mediatornama, dated 14.11.2024 from the godown of the petitioner and the consequential order in E.C.P.No.181/2024 dated 26.11.2024 passed by the 2nd respondent directing the 3rd respondent to dispose of the same by conducting public auction as illegal, arbitrary, without any authority of law and in clear violation of Principles of Natural Justice and contrary to the provisions of the Essential Commodities Act, 1955, and the Control Orders made there under including the A.P. State Targeted Public Distribution System (Control) Order, 2018, and consequently, direct the respondents to release the seized stock to the petitioner and not to take any action in pursuance of the illegal seizure and pass...” (In verbatim) 2. Heard Sri V. Sudhakar Reddy, learned counsel for the petitioner, and learned Government Pleader for Civil Supplies appearing for the respondents. 3. The petitioner is doing rice business in the name and style “Sri Goutham Rice and Aqua Exports”, and the petitioner has also obtained GST Registration Certificate vide GSTIN: 37ADSPG3137B2ZP. On 10.11.2024, the petitioner has purchased 269.90 quintals of PDS rice from one Sri Enigalla Srinivasa Rao. The petitioner submits that Sri JS,J W.P.No.29202/2024 3 Enigalla Srinivasa Rao has participated in the public auction conducted on 02.07.2024 at MLS Point, Gannavaram, and was successful bidder for 1225.87 quintals of PDS rice. The Joint Collector has also instructed the Assistant Civil Supplies Officer to release the seized stock after collecting amounts under proper acknowledgment from the auction purchasers. The said seized stock was handed over to Sri Enigalla Srinivasa Rao from whom the petitioner has purchased on receipt dated 10.11.2024. The petitioner has transported the stock to his godown on the same day. While so, the Assistant Supply Officer, Circle-II, Vijayawada, along with the 3rd respondent, has inspected the petitioner’s shop and seized the stock. The Assistant Civil Supplies Officer has filed E.C.P.No.181/2024, dated 26.11.2024, before the Collector (CS), NTR, Vijayawada, who directed the Assistant Supply Officer to dispose off the seized stock of 269.90 quintals of PDS Rice by conducting public auction. Aggrieved by the said order, the petitioner has filed the present writ petition. 4. The grievance of the petitioner is that he has purchased the PDS rice from Sri Enigalla Srinivasa Rao who was the auction purchaser. Therefore, the contention of the respondents that the petitioner was in possession of PDS rice cannot be accepted and moreover when the rice was auctioned on 02.07.2024, and when the same was released by JS,J W.P.No.29202/2024 4 the Assistant Supply Officer on 12.07.2024, the Joint Collector cannot direct the Assistant Supply Officer to re-auction the PDS rice. 5. Learned Government Pleader submits that the stock is with the respondents and no auction is held as on today. 6. In view of the facts and circumstances of the case, without going into the merits of the case, the petitioner is directed to submit a representation afresh to the Joint Collector, Krishna District, along with relevant documents, within one (1) week from the date of receipt of a copy of this order. On receipt of such representation, the Joint Collector, Krishna District, shall consider and pass appropriate orders by giving an opportunity of hearing to the petitioner. The entire exercise shall be completed within two (2) weeks thereafter. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM 7th April, 2025. Note: Issue C.C. by tomorrow. (b/o) cbn JS,J W.P.No.29202/2024 5 100 THE HON’BLE SMT. JUSTICE SUMATHI JAGADAM W.P.No.29202 of 2024 7th April, 2025 cbn