APHC010794102018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38330/2018 Between: 1. KANDULA BAPUJI, S/O LATE UMA MAHESWRAA RAO AGED 52 YEARS, OCC. BUSINESS R/O 5/213-1, JAVVARPET, MACHILIPATNAM, KRISHNA DISTRICT. 2. KOTA DURGA PRASAD, S/O SATYANARAYANA AGED ABOUT 45 YEARS, OCC. BUSINESS OWNER OF THE VEHICLE LNV ASHOK LEYLAND AP16TF-1445,R/O D.NO. 4/405, RAJUPETA, MACHILIPATNAM KRISHNA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES AP SECRETARIAT BUILDINGS, VELAGAPUDI THULLURU MANDAL AMARAVATHI, GUNTUR DISTRICT 2. THE JOINT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE SPECIAL DEPUTY TAHSILDAR, PUBLIC DISTRIBUTION SYSTEM , MACHILIPATNAM, KRISHNA DISTRICT. ...RESPONDENT(S): 2 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 to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declare the Seizure of rice 17.50 Quintals along with Ashok Leyland Lorry bearing No. AP 16 TF 1445 of the petitioners under the cover of panchanama date 6-10-2018 is illegal, arbitrary, violation of Principles of Natural Justice and without any power or authority under law and 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 the Seized stocks of rice 17.50 Quintals along with Ashok Leyland Lorry bearing No. AP 16 TF 1445 under the cover of panchanama date 6-10-2018 to the petitioners pending disposal of writ petition pending disposal of the main Writ petition and pass Counsel for the Petitioner(S): 1. H V R R SWAMY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.38330 of 2018 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declare the Seizure of rice 17.50 Quintals along with Ashok Leyland Lorry bearing No. AP 16 TF 1445 of the petitioners under the cover of panchanama date 6-10-2018 is illegal, arbitrary, violation of Principles of Natural Justice and without any power or authority under law and pass….” 2. The 1st petitioner herein is proprietor of „Kali Rice and General Merchants‟ at Machilipatnam and is doing business since long time. While the matter stood thus, on 06.10.2018, while the 1st petitioner is transporting rice weighing 17.50 quintals, in the vehicle bearing No.AP16TF1445 owned by the 2nd petitioner herein, the respondent authorities have stopped the vehicle at Chinthachettu center and seized the stocks of rice and the vehicle under panchanama dated 06.10.2018, alleging that the 1st petitioner has purchased PDS rice from the card holders and that it is against Essential Commodities Act, 1955. Aggrieved by the same, the present petition is filed. 3. When the writ petition came up for hearing on 29.10.2018, this Court has passed the following order in I.A.No.1 of 2018: “Pending disposal of the writ petition, respondents are directed to release the goods seized under cover of panchanama dated 06.10.2018 to the 4 1st petitioner subject to 1st petitioner furnishing personal bond equivalent to the value of the goods seized. Respondents are also directed to release the vehicle i.e., Ashok Leyland Lorry bearing No.AP-16-TF-1445 to the 2nd petitioner subject to 2nd petitioner furnishing 50% of the value of the vehicle by way of Bank Guarantee in the name of the Joint Collector Krishna District at Machilipatnam (2nd respondent). However, 2nd petitioner shall also file an affidavit with 2nd respondent undertaking not to create thirty party interest and to produce the vehicle as and when required.” 4. Heard Sri. V.H.V.R.R. Swamy, learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies. 5. Today when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of letter addressed by the Collector (CS), Krishna, Machilipatnam dated 13.08.2025 wherein it is stated that in pursuance of the orders passed by this Court and pending finalization of 6-A proceedings, the 1st petitioner herein has filed personal security equivalent to the value of the seized stock vide ECP.No.243/2018, dated 01.12.2018, as such, the seized PDS rice weighing 17.50 quintals was released in favour of the 1st petitioner. It is further stated that the vehicle bearing No.AP-16-TF-1445 was also released in favour of the 2nd petitioner on his filing a bank guarantee for Rs.1,02,500/- being 50% value of the seized vehicle vide ECP.No.243/2018, dated 21.01.2019. It is further stated that the Collector (CS), Krishna in ECP.No.243/2018, dated 03.10.2023 ordered 100% confiscation of the seized stocks of rice to the Government and has also imposed an amount of Rs.4,000/- as penalty on the 2nd petitioner. Aggrieved by which, the 1st petitioner filed an 5 appeal before the District Sessions Court, Krishna which was dismissed vide order dated 23.01.2024. As such, requested to dismiss the present petition. 6. In view of the fact that pending the present writ petition, vide order dated 03.10.2023, the Collector (CS), Krishna has ordered 100% confiscation of the rice seized to the Government and a penalty of Rs.4,000/- was imposed on the 2nd petitioner for transporting PDS rice without any valid documents, which order was also confirmed by the District Sessions Court, Krishna, Machilipatnam in E.C.A.No.39 of 2023, dated 23.01.2024, this Court is of the opinion that no further cause survives in the present writ petition. 7. Accordingly, this writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 14.08.2025. Gss