i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATH WRIT PETITION NO: 31065 OF 2024 Between: M/s Sri Sudharshan Traders, Badvel, YSR Kadapa District, Rep. by its proprietor M.V.Suneel Kumar. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Velagapudi, YSR Kadapa District. 2. The Joint Collector, Rayachoti, Annamayya District. 3. The Civil Supplies Deputy Tahsildar, Rayachoti, Annamayya 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the Civil Supplies Deputy Tahsildar, Rayachoti, Annamayya District in seizing 912 bags of raw rice belongs to the petitioner along with Lorry bearing No. AP 05 TF 3375 under cover of confession and seizure panchana dt.25.07.2024 and further inaction of the 2nd respondent in passing the orders on the petition filed by the petitioner for release of the stock as illegal, arbitrary, without any authority of law, competency or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and consequently direct the respondents not to take any action in pursuance of the illegal seizure and release the stock to the petitioner.. 'J: •. *>■ lA NO: 1 OF 2024 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 2nd respondent to release 912 bags of raw rice, which was seized by the 3rd respondent on 25.07.2024, to the petitioner, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. V SUDHAKAR REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: i: ■' 1 BSBJ W.P.No.31065 2024 <.^<.024 «r I ivrfW I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31065/2024 Between: ...PETITIONER Sri Sudharshan Traders AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.VSUDHAKAR REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 BSB, J W.P.No.31065 2024 ORDER: This writ petition is filed seeking 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 Civil Supplies Deputy Tahsildar, Rayachoti, Annamayya District in seizing 912 bags of raw rice belongs to the petitioner along with lorry bearing No.AP 05 TF 3375 under cover of confession and seizure panchanama, dt.25.07.2024 and further inaction of the 2'^^ respondent in passing the orders on the petition filed by the petitioner for release of the stock as illegal, arbitrary,, without any authority of law, competency or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made thereunder and consequently direct the respondents not to take any action in pursuance of the illegal seizure and release the stock to the petitioner and pass such other order or orders....” Heard Sri V.Sudhakar Reddy, learned counsel for the petitioner 2. and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. The case of the petitioner is as follows: During the course of its business, the petitioner purchased 912 bags of raw rice weighing 50 kgs each from the wholesale trader namely, Sri Veerabhadreshwara Traders, Rampura, Molkalmur Taluk, 3 BSB, J W.P.No.31065 2024 Chitradurga District, Karnataka State and stocked the rice in its godown in Badwel town. b. While, the petitioner got an order for supply of 460 quntials of raw rice from Tamilnadu State and accordingly, engaged a lorry bearing No.AP 05 TF 3375 and got loaded the rice and while the lorry was proceeding to Chennai, the same was intercepted on the National Highway No.40 in Ramapuram Mandal of Annamayya District by the Civil Supplies Deputy Tahsildar, Rayachoti, along with Sub Inspector of Police, Ramapuram P.S on 25.07.2024 at 5 PM., and seized the same. Thereafter, the 3^'^ respondent initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 and sent report to the Joint Collector, Rayachoti, Annamayya District. The petitioner filed a petition before the 2"*^ respondent on c. 20.08.2024 clearly stating that the seized rice is not the PDS rice and it was purchased in Karnataka State under a valid bill and the same is being transported to Tamilnadu under valid bills. The grievance of the petitioner is that though more than four months have been elapsed from the date of filing of the petition, the 2"“^ respondent did not pass any orders till date. 4 BSB, J W.P.No.31065_2024 The learned Assistant Government Pleader placed on record written instructions, dated 30.12.2024, and submitted that the petitioner having filed the proceedings for release of the stock failed to appear before the authority either personally or through counsel on several 19.10.2024, 4. 17.09.2024, 21.09.2024, 28.09.2024 dates, viz., 26.10.2024, 23.11.2024 and 07.12.2024. As per the written instructions, the petitioner herein failed to file explanation so far. Under these circumstances, the writ petition is disposed of directing the petitioner to appear before the concerned authority on the dates specified and in the event of failure to appear, the appropriate authority is entitled to dispose of the petition, dated 20.08.2024, as per law. The entire exercise shall be completed within a week from the date 5. of receipt of a copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- N.NAGAMMA ASSISTANT REGISTRAR /^SECTION OFFICER //TRUE COPY// To, Principal Secretary, Food, Civil Supplies and Consumer Affairs Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, YSR Kadapa District. 2. The Joint Collector, Rayachoti, Annamayya District. Civil Supplies Deputy Tahsildar, Rayachoti, Annamayya District 4. One CC to Sri. V Sudhakar Reddy Advocate [OPUC] GP for Civil Supplies, High Court Of Andhra Pradesh. 1. The 3. The 5. Two CCs to [OUT] 6. Three CD Copies «a HIGH COURT DATED:06/01/2025 ORDER WP.No.31065 of 2024 0 9 JAN 2025 Current Section DISPOSING OF THE WP WITHOUT COSTS