APHC010025832025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1486/2025 Between: Varra Naga Lakshmi The State of A.P. and others Counsel for the Petitioner: 1. POPURI LAKSHMI PRIYANVITA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: O R D E R: This writ petition is filed seeking the following relief: “to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2 endorsement dated 09-01 petitioner i.e., owner of the Eicher Vehicle Van bearing Registration No. AP39 UA-3609 to produce bank guarantee for Rs.5,00,000/ stock, along with an undertaking that he shall not alienate or al and he shall produce the same as and when required by the Joint Collector IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1486/2025 ...PETITIONER AND thers ...RESPONDENT(S) Counsel for the Petitioner: POPURI LAKSHMI PRIYANVITA Counsel for the Respondent(S): GP FOR CIVIL SUPPLIES The Court made the following: This writ petition is filed seeking the following relief: to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent issued 01-2025 Vide Ref.No.I(2)/493/2024 directing the petitioner i.e., owner of the Eicher Vehicle Van bearing Registration No. AP39 3609 to produce bank guarantee for Rs.5,00,000/- being the cost of seized stock, along with an undertaking that he shall not alienate or alter the vehicle and he shall produce the same as and when required by the Joint Collector IN THE HIGH COURT OF ANDHRA PRADESH [3311] MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY THE HONOURABLE MS JUSTICE B S BHANUMATHI ...PETITIONER ...RESPONDENT(S) to issue a writ order or direction more particularly one in the nature of respondent issued Ref.No.I(2)/493/2024 directing the petitioner i.e., owner of the Eicher Vehicle Van bearing Registration No. AP39- being the cost of seized ter the vehicle and he shall produce the same as and when required by the Joint Collector 2 W.P.No.1486 of 2025 and Additional District Magistrate as illegal, improper arbitrary and without any power of authority under law and violation of Article 19(l)(g) of the Constitution of India.” 2. The case of the petitioner is briefly as follows: The petitioner is the owner of the Eicher Van bearing No. Regn.No. AP39-UA-3609. The said vehicle was seized in Crime No.765 of 2024 dated 08.12.2024 by the 4th respondent for the alleged offences under Section 7(1) of Essential Commodities Act, 1955. The entire allegations of the 4th respondent in the FIR and notice issued by the 3rd respondent to the 4th respondent to file a criminal case against the petitioner and seizure of the Eicher Van by way of panchnama are completely false. The 4th respondent did not conduct proper inquiry about the goods and did not follow procedure for determination of PDS rice. The 3rd and 4th respondents straight away came to the conclusion the seized rice is PDS rice. The petitioner made an application before the 2nd respondent on 18.12.2024 for release of seized vehicle. The 2nd respondent passed order vide proceedings dated 09.01.2025 in Ref.No.I(2)/493/2024, for interim release of the seized vehicle on the condition of the petitioner furnishing cash security bond receipt for Rs.5,00,000/-. The petitioner is a poor man and eking out his livelihood by plying the auto on hire charges. Therefore, it would be difficult for the petitioner to furnish cash security bond of Rs.5,00,000/-. The petitioner is ready to furnish third party security in lieu thereof. In the similar circumstances, this Court passed an order in W.P.No.24236 of 2024 by directing the respondent to release the vehicle on furnishing personal or third party immovable security property equivalent to the value of the seized stock. 3. The learned counsel for the petitioner submitted that in view of the above said facts and circumstances, unless the condition imposed in the impugned order is modified as prayed by the petitioner, the vehicle gets damaged and the petitioner would be put to heavy loss. He further submitted 3 W.P.No.1486 of 2025 that this Court in several cases directed the authority to accept the third party security instead of cash security directed. The petitioner is prepared to furnish third party immovable property as security. 4. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions and supported the order of the 2nd respondent and opposed the petition. 5. Since the petitioner claims that he has no capacity to furnish bank guarantee as directed in the impugned order, confirming the same condition would be onerous. The facts that the petitioner is unable to furnish the kind of security directed in the impugned order and the vehicle was left unattended for all these days indicate his inability to furnish the security. 6. As such, the writ petition is allowed. The petitioner is directed to furnish self or third party immovable property as security to the satisfaction of the 2nd respondent for the release of Eicher Van bearing Regn.No. AP39-UA-3609. The petitioner shall further undertake before the 2nd respondent that the physical condition of the vehicle would not be altered or that the vehicle would not be alienated or transferred to any third party subjected to change by him pending the proceedings under Section 6A of the Essential Commodities Act, 1955. On accepting the immovable property as security, the 2nd respondent shall inform forthwith inform the same to the concerned Registrar/Sub- Registrar for record purpose. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated 17.02.2025 PNV