IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION NO: 31231 OF 2024 Between: Sri Padidapu Guruvaiah, S/o. Somaiah, Aged about 48 years, R/o. Juvvigunta Village, Marripudi Mandal, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs and Civil Supplies Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. The Joint Collector, Ongole, Prakasam District. 3. The Tahsildar, Marripudi Mandal, Prakasam District. 4. The Sub - Inspector, Marripudi Police Station, 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 direction, particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents, particularly the 2'"'^ respondent, in directing the petitioner to furnish a bank guarantee for Rupees Two (2) Lakhs for the vehicle bearing No. AP 26 TX 2206, vide Rc. CS1/6A/147/2024 dated 17.12.2024, as illegal, arbitrary, and in violation of Articles 14,19, and 21 of the Constitution of India. Consequently, direct the 2^"^ respondent to modify the order and, instead of a bank guarantee, allow the release of the vehicle bearing No. AP 26 TX 2206 upon the petitioner furnishing a personal bond for the value of the vehicle forthwith. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court respondent to modify the order and, nd may be pleased to direct the 2 instead of a bank guarantee, allow the release of the vehicle bearing No. AP 26 TX 2206 upon the petitioner furnishing a personal bond for the value of the vehicle. Counsel for the Petitioner : SRI K. SRINIVAS 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 1 BSBJ W.P.No.31231of 2024 APHC010595962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BMS [3311] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31231/2024 Between: Sri Padidapu Guruvaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 BSBJ W.P.No.31231 of 2024 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a Writ, order, or direction, particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents, particularly the 2"^^ respondent, in directing the petitioner to furnish a bank guarantee for Rs.2 lakhs for the vehicle bearing No.AP 26 TX 2206, vide Rc.CS1/6A/147/ 2024, dated 17.12.2024, as illegal, arbitrary, and in violation of Articles 14, 19, and 21 of the Constitution of India. Consequently, direct the 2'^'^ respondent to modify the order and, instead of a bank guarantee, allow the release of the vehicle bearing No.AP 26 TX 2206 upon the petitioner furnishing a personal bond for the value of the vehicle forthwith. Pass such other order or orders as this Hon’ble Court deems fit and proper in the interests of justice.” 2. Heard Sri K.Srinivas, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. The case of the petitioner is as follows: The petitioner is the owner of the vehicle bearing No.AP 26 TX 2206. On 05.11.2024, while the said lorry was transporting PDS rice, the driver of the vehicle was apprehended by the 4'^ respondent/Sub a. 3 BSBJ W.P.No.31231of2024 Inspector of Police, Marripudi Police Station, and a case in Crime No.78 of 2024 for the offences punishable under Section 318(4) of the Bharatiya Nyaya Samhita (BNS) and Section 7 of the Essential Commodities Act, 1955 was registered. The Additional Food Inspector, Podili, filed a report under Section 6-A of the E.C Act before the 2"^^ respondent. The petitioner made an application to the 2'''^ respondent for release of the lorry. The 2’^^ respondent issued the impugned notice, vide Rc.CS1/6A/147/2024, dated 17.12.2024, directing the petitioner to furnish a bank guarantee for Rs.2,00,000/- (Rupees Two lakhs only.) from any nationalized bank with a validity of 3 years in his favour. The petitioner was further instructed to submit the bank guarantee to the 2 respondent within seven (7) days from the date of receipt of the notice. The petitioner is a driver-cum-owner and he is unable to furnish bank b. nd guarantee for a sum of Rs.2,00,000/- due to the financial constraints. Hence, this writ petition was filed. 4. The learned counsel appearing for the petitioner submitted that the petitioner is eking out livelihood by transporting goods in the seized lorry and he is unable to furnish bank guarantee for a huge sum of Rs.2,00,000/- for release of the vehicle due to financial constraints. The learned counsel alternatively requested to direct the 2'^^ respondent 4 BSB, J W.P.No.31231of2024 to modify the order and instead of bank guarantee, direct for release of the vehicle on the petitioner furnishing immovable property for the value of the seized vehicle. nd 5. In the above circumstances, the condition imposed by the 2 respondent to furnish bank guarantee is modified by directing the petitioner to furnish personal or third party’s immovable property for the value of the seized vehicle, i.e., Ashok Leyland Dost bearing No.AP 27 TX 2206 as security to the satisfaction of the Joint Collector, Prakasam District, with undertaking that the person offering security will not alienate or create any charge over the property pending the proceedings under the provisions of the Essential Commodities Act 1955 and on acceptance of such surety, the same shall be for forthwith informed by the accepting authority to the concerned District Registrar or the Sub-Registrar for their record purpose. 6. Accordingly, the writ petition is allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- !V!. SRiNlVAS ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To 1. The Principal Secretary, Consumer Affairs and Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Joint Collector, Ongole, Prakasam District. 3. The Tahsildar, Marripudi Mandal, Prakasam District. 4. The Sub - Inspector, Marripudi Police Station, Prakasam District. f 5. One CC to Sri K. Srinivas, Advocate [OPUC' 6. TwoCCsto GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. TwoCCsto GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr > HIGH COURT DATED:06/01/2025 \ 8 JAN lyi f ORDER 1 Ci-'fwjn* S«cti«n A • T ''•Sv- WP.No.31231 of 2024 > ALLOWING THE W.P. WITHOUT COSTS