APHC010599752018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28502/2018 Between: 1. CHIMAKURTHI SATISH KUMAR, S/O SAMBASIVA RAO, AGED 35 YEARS, OCC BUSINESS, R/O D. NO. 14-68-33, CHANDRABABU NAIDU COLONY, MORISPET, TENALI, GUNTUR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR AND ADDL DISTRICT MAGISTRATE, GUNTUR, GUNTUR DISTRICT. 3. THE ASSISTANT SUPPLY OFFICER, TENALI, GUNTUR DISTRICT. 4. THE SUBINSPECTOR OF POLICE, TSODAYAPALEM P.S., REPALLE MANDAL, GUNTUR 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 toto issue an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in seizing 360 bags of raw rice belonging to the petitioner from the lorry bearing No. AP 27X 2229 under cover of mediatornama on 12.10.2017 and further action of the 3rd respondent in filing 6-A case before the 2nd respondent and the order of the Joint Collector and Addl. District Magistrate, Guntur, the 2nd respondent herein passed in E.C.Act Case No.304/2017-S7, dt.18.01.2018 2 and Endorsement with even No. dt.12.02.2018 directing the petitioner to furnish a bank guarantee for an amount of Rs.6,12,000/- for release of rice as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and to set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure, dt.12.10.2017 and to pass IA NO: 1 OF 2018 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 the respondents to release 360 bags of rice seized on 12.10.2017, to the petitioner by suspending the operation of the order in the order in E.C.Act Case No.304/2017-S7, dt.18.01.2018 as well as the Endorsement in E.C.Act Case No.304/2017-S7, dt.12.02.2018 passed by the 2nd respondent herein, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR CIVIL SUPPLIES (AP) The Court made the following 3 ORDER: The present writ petition is filed to declare the action of the 4th respondent in seizing 360 bags of raw rice belonging to the petitioner from the lorry bearing No. AP 27 X 2229, under the cover of mediatornama dated 12.10.2017, and the subsequent action of the 3rd respondent in filing a 6-A case before the 2nd respondent, as well as the order of the 2nd respondent in E.C. Act Case No. 304/2017-S7, dated 18.01.2018, and the Endorsement with even number dated 12.02.2018, as illegal and arbitrary. 2. The petitioner is engaged in the business of rice under the name and style of “Sambasiva Rice Traders.” In the year 2017, the petitioner received an order from Sri Shanmukha Veereswara Rice Mill, Yanam, for 180 quintals of raw rice. Accordingly, on 11.10.2017, the petitioner loaded 360 bags of rice, each weighing 50 kgs, under Invoice No. 34, into a lorry bearing No. AP 27X 2229. (b) While the said lorry was proceeding to Yanam, the Sub-Inspector of Police, Sodayapalem Police Station, along with his staff, intercepted the vehicle at Penumudi Bridge, verified the documents and the load, and seized the lorry along with the rice stock under a mediatornama, without any valid reason. The seizure was based on a mere suspicion that the petitioner was purchasing PDS rice from ration card holders and Fair Price (FP) shops at cheaper rates and selling the same at higher prices. (c) Since the 2nd respondent did not release the said stock, the petitioner filed W.P.No.40091 of 2017 for release of the same. The said writ 4 petition was disposed of on 04.12.2017 and the operative portion of the said writ petition is as follows: “In view of the above, it is open for the petitioner to submit necessary application to the 2nd respondent for release of the stocks by stating above facts, within a period of two weeks from today, and on such application being made, the 2nd respondent is directed to dispose of the same within four weeks thereafter. Till application of the petitioner disposed of, the seized stocks shall not be sold”. 3. In pursuance of the aforementioned order passed by this Court, the petitioner filed a petition dated 14.12.2017 before the 2nd respondent under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”) seeking release of the stock on third party surety. However, the 2nd respondent even without considering the facts that the seized rice is not PDS rice, passed an order dated 18.01.2018 vide case No.304/2017-S7, directing the petitioner to obtain bank guarantee for Rs.6,12,000/- from any Nationalized Bank with a validity of one year in favour of Joint collector, Guntur and submit the same for release of the seized stock. 4. Thereafter, the petitioner filed a representation before the 2nd respondent requesting to reduce the bank guarantee, as he was not in a position to furnish the same. However, the said representation was refused by the 2nd respondent vide endorsement dated 12.02.2018. 5. Challenging the aforementioned endorsement as well as the initial orders dated 18.01.2018, the petitioner filed the present writ petition. 5 6. When the writ petition came up for admission, this Court passed an interim order on 13.08.2018 as under: “Having regard to the law declared by this Court in Maimuna Begum vs. State of Telangana and others, the Andhra Pradesh State Public Distribution System (Control) Order, 2008 does not operate after the Public Distribution System rice reaches the card holder and the card holder sells it, there shall be interim direction as prayed for and also interim suspension as prayed for”. 7. Heard the learned counsel on either side. 8. Learned Assistant Government Pleader submitted instructions of the Collector (Civil Supplies), Bapatla, dated 18.09.2025. The instructions disclose that in view of the interim order dated 13.08.2018, the Joint Collector, Guntur released the seized stocks and issued orders to that effect on 28.08.2018 and accordingly, the seized stocks were handed over to the petitioner. The instructions further disclose that order under Section 6-A of the Essential Commodities Act, 1955 was passed vide proceedings E.C.Act C.No.304/2017/CS/GNT/BPT, dated 29.08.2024. 9. Recording the submissions of learned Assistant Government Pleader based upon the aforementioned instructions, this Court finds that no further orders are required in this writ petition. 10. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case, shall stand closed. __________________ JUSTICE V.SUJATHA Date:30.08.2025 KA 6 7 139 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28502 of 2018 Date:30.08.2025 KA