APHC010606432024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 118/2025 Between: Malepati Venkata Suneel Kumar The State of AP and Others Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 118/2025 Malepati Venkata Suneel Kumar ...PETITIONER AND The State of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: V SUDHAKAR REDDY Counsel for the Respondent(S): GP FOR CIVIL SUPPLIES The Court made the following: [3311] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY THE HONOURABLE MS JUSTICE B S BHANUMATHI ...PETITIONER ...RESPONDENT(S) 2 BSB, J W.P.No.118 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India 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 respondent Nos.2 to 4 in not releasing 188 bags of raw rice weighing 50 kgs each (9,400 Kgs) to the petitioner in pursuance of the orders of this Hon’ble Court dt.29.04.2024 passed in W.P.No.8279/2024 as illegal, arbitrary and capricious and consequently direct the respondents to release the seized stock of 9,400 Kgs to the petitioner or pay him the value of the same as mentioned in panchanama, dated 26.01.2023 and to release the 3rd party security furnished before the 2nd respondent and further direct him not to proceed in 6-A case pending before him and pass such other order or orders in the interests of justice.” 2. Heard Sri V.Sudhakar Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. The case of the petitioner, in brief, is as follows: a. The petitioner is the Proprietor of Sri Sudarshan Traders, Badvel, Kadapa District. He is doing business in food grains. He used to purchase paddy from ryots, get it milled and sell the resultant rice and brokens to other dealers and consumers. During the course of his 3 BSB, J W.P.No.118 of 2025 business, he purchased paddy from the ryots, got it milled and stored the resultant rice of 188 bags weighing 50 kgs each in a house taken on rent from Kakani Narasimhulu of Marthoma Nagar, Badvel Town. While so, on 26.01.2023, the Deputy Tahsildar (CS), Badvel, along with the VRO, Madakalavaripalli surprised the house and highhandedly seized 188 bags of raw rice under the cover of a panchanama and handed over the same to the 4th respondent/Incharge, MLS Point, Badevel, for safe custody. b. The petitioner filed a petition before the 2nd respondent for release of the seized rice. As the 2nd respondent did not pass any orders on his petition, he filed W.P.No.8279 of 2024 before this Court. By order, dated 29.04.2024, the said writ petition was disposed of directing the 2nd respondent herein to release the seized stock to the petitioner on condition of furnishing personal or third party immovable property as security equivalent to the value of the seized stock. Though the 2nd respondent passed an order on 29.06.2024 directing the 3rd respondent to release the seized stock, he did not release the same. In the meanwhile, the 3rd respondent furnished a copy of the letter addressed to him by the Incharge, MLS Point/4th respondent stating that in accordance with the orders of the Joint Collector, Kadapa, the seized rice was handed over to the successful bidder on 28.02.2024 and 4 BSB, J W.P.No.118 of 2025 therefore, no seized stock is available in the MLS Point. Hence, this writ petition. 4. Since the seized stock was released on 23.01.2025 by the Deputy Tahsildar, Stock Point Incharge, vide Office ref. No.A/78/2024, dated 23.01.2025, and the same was also informed to the Joint Collector, YSR Kadapa district and the learned counsel for the petitioner submitted that the proceedings under Section 6-A of the Essential Commodities Act, 1955 have to be expeditiously disposed of. 5. The learned Assistant Government Pleader for Civil Supplies, placed on record the written instructions/letter of the Tahasildar, Gopavaram addressed to the Joint Collector, Kadapa, vide Ref. No.A/78/2024, dated 24.01.2025, stating that the commodity seized was released as noted above. Further, the written instructions indicate that the petitioner is a habitual offender of diverting PDS rice illegally and accused in number of cases as shown below: Sl. No. Year Name of the accused Inspection date Illegal transportation or storage Vehicle details Quantity of PDS rice in Quintals FIR details 1 2020 Sri Malepati Sunil S/o Subba Rao, R/o Badvel Town & Mandal illegal transportation 14640 kgs 15/2020 5 BSB, J W.P.No.118 of 2025 2 2022 Sri Malepati Venkata Sunil S/o Subba Rao, R/o Badvel Town & Mandal 30.10.2022 illegal transportation 24850 kgs 370/202 2 3 2022 Sri Malepati Sunil S/o Subba Rao, R/o Badvel Town & Mandal 24.07.2022 illegal transportation Mini Lorry AP 39 TQ 1403 Auto AP 04U 1575 32250 kgs 94/2022 4 2023 Sri Malepati Sunil S/o Subba Rao, R/o Badvel Town & Mandal 19.01.2023 illegal transportation Lorry No.AP39- T-7599 & Mini Truck No.AP- 04-Z- 0228. 34,220 kgs 13/2023 5 2023 Sri Malepati Sunil S/o Subba Rao, R/o Badvel Town & Mandal 23.09.2023 illegal transportation Lorry bearing No.AP39- TB-6777 35220 kgs 6 2023 Sri Malepati Sunil S/o Subba Rao, R/o Badvel Town & Mandal 26.01.2023 illegal storage … 9400 kgs 18/2023 7 2024 Sri Malepati Sunil S/o Subba Rao, R/o Badvel Town & Mandal 07.03.2024 illegal transportation …. 3350 kgs 76/2024 It is further stated that the stock was released in view of the order of this Court in W.P.No.8279 of 2024, dated 29.04.2024. 6 BSB, J W.P.No.118 of 2025 6. In view of the above facts, the Writ Petition is disposed of directing the concerned authority to expeditiously dispose of the proceedings pending against the petitioner in relation to the seized stock, which is subject matter of this writ petition. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ B. S. BHANUMATHI, J 27-01-2025 RAR