■c APHC010574622025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29763 OF 2025 Between: Sakinala Suresh, S/o Narasaiah, Age:38 years, Occ Business Kanchanapalli-Post, Gundala Mandal, Bhadradrikothagudem Dist. R/o ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary (Civil Supplies) Department, Secretariat, Velagapudi, Guntur Dist. 2. The Collector CS, Palanadu Dist., at Narasaraopeta. 3. The Fertilizer Inspector and Mandal Agricultural Officer, Dachepalli Mandal, Palanadu Dist. 4. The Station House Officer, Dachepalli PS, Palanadu Dist. ...Respondents 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 issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in initiating the proceedings under 6A of Essential Commodities Act, 1955 vide E.C.Act Case NO.68/2025-S4 on the alleged transportation of Fertilizers in violation of Clause No.3 of Fertilizer Movement (Control) Order, 1973 and Cl.7 and 19 of the Fertilizer (Control) order, 1985 though the petitioner has purchased the seized stock from the farmers is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the proceedings initiated under 6A of EC Act, and further direct the respondents to release the seized vehicle in favour of the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the seized vehicle Bolero bearing No.TS 10 UC 8080 in favour of the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M M M SRINIVASA RAO Counsel for the Respondents No.1,2:GP FOR CIVIL SUPPLIES Counsel for the Respondent No.3:GP FOR AGRICULTURE Counsel for the Respondent No.4: GP FOR HOME The Court made the following: %■ APHC010574622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29763/2025 Between: 1.SAKINALA SURESH, S/0 NARASAIAH BUSINESS BHADRADRIKOTHAGUDEM DIST. AGE38 YEARS, OCG R/0 KANCHANAPALLI-POST, GUNDALA MANUAL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2.THE COLLECTOR CS, PALANADU DIST., AT NARASARAOPETA. 3.THE FERTILIZER INSPECTOR AND MANUAL AGRICULTURAL OFFICER, DACHEPALLI MANDAL, PALANADU DIST. 4.THE STATION HOUSE OFFICER, DACHEPALLI PS, PALANADU DIST. ...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 to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in initiating the proceedings under 6A of Essential Commodities Act, 1955 vide E.C.Act Case NO.68/2025-S4 on the alleged transportation of Fertilizers in violation of 2 3^ VS,J W.P.No.29763/2025 Clause No.3 of Fertilizer Movement (Control) Order, 1973 and CI.7 and 19 of the Fertilizer (Control) order, 1985 though the petitioner has purchased the seized stock from the farmers is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the proceedings initiated under 6A of EC Act, and further direct the respondents to release the seized vehicle in favour of the petitioner, lA NO: 1 OF 2n?R Petition under Section 151 CPC . .. praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the seized vehicle Bolero bearing No.TS 10 UC 8080 in favour of the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.M M M SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES 3.GP FOR AGRICULTURE The Court made the following: 3 VS,J W.P.No.29763/2025 ORDER; The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: ...to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in initiating the proceedings under 6A of Essential Commodities Act, 1955 vide E.C.Act Case NO.68/2025-S4 on the alleged transportation of Fertilizers in violation of Clause No.3 of Fertilizer Movement (Control) Order, 1973 and Cl. 7 and 19 of the Fertilizer (Control) order, 1985 though the petitioner has purchased the seized stock from the farmers is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the proceedings initiated under 6A of EC Act, and further direct the respondents to release the seized vehicle In favour of the petitioner,... Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies. 2. The brief facts of the case are as follows: 3. a) The petitioner is the owner of the vehicle Bolero bearing No.TS 10 DC 8080 purchased in the year 2022 by borrowing huge amount from the close relatives and financiers. The petitioner is having agricultural lands to an extent of Ac.15-00 cents in his village at Kanchanapalli Village, Gundala mandal of Bhadradrikothagudem District and is in need of fertilizers for agricultural operations. b) As there is shortage of urea in Telangana state, the petitioner approached one Mr.Nagaraju who informed him that some of the farmers of his village are not utilizing urea and as such, the same can be used by the petitioner and accordingly, the petitioner purchased the ureajrom the farmers 4 VS,J W.P.No,29763/2025 through valid bills. While the petitioner was transporting the urea on 26.08.2025 at about 6:00 p.m., the 3'^'^ respondent along with his mediators intercepted the vehicle at Pondugula Interstate Check Post, Dachepalli Town and seized 80 bags of urea from the petitioner’s vehicle. c) Basing on a report submitted by the 3'"'^ respondent, the 2 respondent initiated 6A proceedings under Essential Commodities Act, 1955 and issued notice to the petitioner under Section 6-B. Basing on the said complaint filed by the 3'^'^ respondent, the 4^*^ respondent also registered a crime in F.I.R.No.153 of 2025 under Section 318 (4) read with 3(5) of Bharatiya Nagarik Suraksha Sanhita, 2023 and 7 (1) of E.C Act. Challenging the said action of the respondents, the present writ petition is filed. nd 4. Though the petitioner has challenged initiation of 6A proceedings, however, restricted his relief only to the extent of release of vehicle Bolero bearing No.TS 10 UC 8080 involved in the said transaction. Learned Assistant Government Pleader, during the course of arguments, furnished a copy of the instructions of the Joint Collector - 2 respondent vide E.C.Act Case No.68/2025-S4, dated 28.10.2025 wherein the facts that are stated by the petitioner have been extracted. However, with regard to the vehicle, it has been stated the owner has not filed any representation before the Joint Collector seeking release of the vehicle Bolero bearing No.TS 10 UC 8080 and has straightaway approached this Court. 5. nd The learned counsel for the petitioner did not dispute the same. 6. In view of the same, instead of going into the merits of the case, the Writ Petition is disposed of directing the petitioner to approach the 2 respondent by submitting a representation requesting for release of the vehicle Bolero bearing No.TS 10 UC 8080, on furnishing third-party local security equivalent to the value of the vehicle, within a period of one week nd Hi 5 VS.J W.P.No.29763/2025 from the date of receipt of copy of this order as the petitioner is a resident of Telangana state. Upon receipt of such representation, the 2'"'^ respondent shall consider the same in accordance with law and release the vehicle Bolero bearing No.TS 10 UC 8080. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. Sd/- U SRIDEVI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, (Civil Supplies) Department, Secretariat, Velagapudi, Guntur Dist. 2. The Collector CS, Palanadu Dist., at Narasaraopeta. 3. The Fertilizer Inspector and Mandal Agricultural Officer, Palanadu Dist. 4. The Station House Officer, Dachepalli PS, Palanadu 5. One CC to SRI. M M M SRINIVASA RAO 6. Two CCs to GP FOR HOME, High Court of Andhra 7. Two CCs to GP FOR CIVIL SUPPLIES, [OUT] 8. Two CCs to GP FOR AGRICULTURE, [OUT] 9. Two CD Copies Dachepalli Mandal Dist. Advocate [OPUC] Pradesh [OUT] High Court of Andhra Pradesh High Court of Andhra Pradesh nm HIGH COURT DATED:30/10/2025 CC BY 31.10.2025 ORDER WP NO. 29763 OF 2025 5{ 0 3 NOV 2025 rrentSectioitx^j^ c? ■ / Co ★ DISPOSING OF THE WP WITHOUT COSTS