APHC010605312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 31571/2024 Between: Ravuri Sarada ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 2 BSB, J W.P.No.31571 of 2024 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No. 31571 of 2024 ORDER: The Writ Petition is filed seeking the following prayer: “….to issue a writ order or orders more particularly one in nature of writ of Mandamus declaring the action of 2nd respondent in not releasing the Bolero pick-up Goods carriage vehicle bearing No.AP 39 TU 7708 belonging to the petitioner as illegal, arbitrary and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the 2nd Respondent to release the petitioners Bolero pick-up Goods carriage vehicle bearing No.AP.39 TU 7708 and to pass such other order or orders……” 2. The case of the petitioner is briefly as follows:- The petitioner is the owner of Bolero vehicle bearing No. AP 39 TU 7708. On 06.05.2024, the petitioner's driver parked the vehicle at the Markapur Bus Stand. At that time, a stranger approached the driver, requesting transportation of common rice bags from Bhupathipalli to Markapur to sell in the open market at Darsi. The driver agreed, and the stranger loaded 64 bags of rice (weighing 32 quintals) into the vehicle. While en route to Markapur, the vehicle was intercepted by the 3rd respondent near Mittameedapalli village at 12:40 a.m. Upon inspection, the 3rd respondent found the rice bags inside the vehicle, suspected them to be Public Distribution System (PDS) rice, and seized both the 3 BSB, J W.P.No.31571 of 2024 rice and the vehicle. A panchanama was prepared, and initiated the proceedings under Section 6-A of the Essential Commodities Act, 1955. The petitioner submitted an application to the 2nd respondent on 31.05.2024, seeking interim custody of the vehicle. However, no response has been received from the 2nd respondent regarding the application. Hence, the writ petition. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents No.1 to 3. 4. The learned counsel for the petitioner submitted that after filing the writ petition, the petitioner had come to know about the order passed by the 2nd respondent for the release of the vehicle on the condition of furnishing a bank guarantee. However, the petitioner contends that the condition is onerous, and if the vehicle is not released, it may deteriorate, causing irreparable loss to the petitioner. He further submitted that the petitioner's vehicle had remained idle since May 2024, and therefore, an appropriate order may be passed. 5. The learned Assistant Government Pleader opposed the petition. Since the petitioner is unable to comply with the directions issued by the 2nd respondent, it is a fit case to modify the condition by allowing the petitioner to furnish immovable property as security. 6. In these circumstances, the writ petition is disposed of and the condition imposed by the 2nd 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., Bolero vehicle bearing No. AP 39 TU 7708 as security to the satisfaction of the 4 BSB, J W.P.No.31571 of 2024 District Collector (CS), 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. There shall be no orders as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated 27.01.2025 klk 5 BSB, J W.P.No.31571 of 2024 221 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION No.31571 OF 2024 Date: 27.01.2025 klk