APHC010027542025 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: 1549/2025 Between: Nekkalapudi Sri Lakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 2 BSB, J W.P.No.1549 of 2025 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No. 1549 of 2025 ORDER: The Writ Petition is filed seeking the following prayer: “….to issue an order writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the impugned proceedings ECP.No.173/2024, dated 8.01.2025 rejecting to release the petitioner’s vehicle BADA DOST I4TNDD bearing Reg.No.AP 39 UY 4749 despite the petitioner’s readiness to furnish a third party surety or personal bond as illegal, arbitrary and violative of Articles 19 and 21 of Constitution of India and contrary to the Essential Commodities Act, 1955 and orders made there under including the A.P State Targeted Public Distribution System (Control) Order, 2018 and consequently set aside the same and direct the 2nd to 5th respondents to release the vehicle BADA DOST I4TNDD bearing Reg. No.AP 39 UY 4749 forthwith and pass such other order or orders……” 2. The case of the petitioner is briefly as follows: The petitioner is the owner of an Ashok Leyland BADA DOST I4TNDD bearing No. AP 39 UY 4749 and holds all the necessary permissions from the transport authorities. On 08.11.2024, the 5th respondent, Station House Officer, SN Puram Police Station, NTR District, intercepted the lorry at Bavajipet, Vijayawada, while it was allegedly transporting PDS rice illegally. The vehicle, along with 41 bags 3 BSB, J W.P.No.1549 of 2025 of PDS rice amounting to 2,050 kg, was seized under the cover of a mediatornama, and a case was registered under Section 6-A of the Essential Commodities Act, 1955. The petitioner submitted a representation to the respondent authorities on 28.11.2024, requesting the release of the vehicle and offering to provide local surety. However, the respondent authorities have not taken any action to release the vehicle, causing hardship to the petitioner. Hence, this Writ Petition. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondent Nos.1 to 5. 4. The petitioner contends that the 2nd respondent erroneously rejected the release of the vehicle in interim custody by order dated 08.01.2025 in ECP.No.173/2024. The learned counsel for the petitioner further submitted that if the vehicle is not released, the petitioner would suffer significant financial loss as the vehicle may deteriorate. 5. The learned Assistant Government Pleader submitted that he has not received any instructions. 6. Considering the submission made by the learned counsel for the petitioner and the fact that the vehicle has been left unattended since its seizure, the writ petition is disposed of by directing respondents’ authorities to release the vehicle of the petitioner bearing No. AP 39 UY 4749 on condition that the petitioner shall furnish third party immovable property as security equivalent to the value of the seized stock in the said vehicle. The petitioner shall further undertake before the 2nd respondent that the condition of the vehicle would not be altered and that the vehicle would not be alienated or transferred to any third party 4 BSB, J W.P.No.1549 of 2025 or create any kind of charge/security over it pending the proceedings under Section 6A of the Essential Commodities Act, 1955. On accepting the third-party immovable property as security, the 2nd respondent shall inform forthwith the same to the concerned Registrar/Sub Registrar. 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.1549 of 2025 207 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION No.1549 OF 2025 Date: 27.01.2025 klk