APHC010638562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32971/2025 Between: 1. A SREENIVASULU @ SREENU, S/O. A. CHINNA SUBBA RAYUDU, AGE 58 YEARS, OCC BUSINESS, KOLIMI STREET, RAJAMPETA, ANNAMAYYA DISTRICT. 2. MUJEEB, , S/O. GOUSUDDIN, AGE 27 YEARS, OCC OWNER OF LORRY BEARING NO.KA56 3519, R/O. 154, BHANGOOR POST, BEMALKHED, BIDAR, KARNATAKA STATE. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, ANNAMAYYA DISTRICT AT RAJAMPETA. 3. THE ENFORCEMENT DEPUTY TAHSILDAR, KODURU, ANNAMAYYA DISTRICT ...RESPONDENT(S): 2 VS,J W.P.NO.32971 OF 2025 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 topleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of 3RD respondent in seizing 309 bags of raw rice weighing 50 kgs each along with lorry bearing No.KA56 3519 under cover of Panchanama, dt. 18.09.2025 at Jaguvaripalli village, Pullampeta Mandal, Annamayya District and further inaction of the 2ND respondent in passing orders in the petition filed by the petitioners on 15.10.2025 for release of the stock and the lorry as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and consequently direct the 2NDrespondent to release the seized stock of 309 bags of raw rice to the 1ST petitioner and the lorry bearing No.KA56 3519 to the 2ND petitioner and not to take any ac tion in pursuance of the illegal seizure and pass IA NO: 1 OF 2025 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 pleased to direct the 2ND respondent to release the seized stock of 309 bags of raw rice (296 bags of PDS rice and 13 bags of common rice) to the 1ST petitioner and the lorry bearing NO.KA56 3519 to the 2NDpetitioner, pending disposal of writ petition and pass Counsel for the Petitioner(S): 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.NO.32971 OF 2025 O R D E R: The present Writ Petition came to be 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 3rd respondent in seizing 309 bags of raw rice weighing 50 kgs each along with lorry bearing No.KA56 3519 under cover of Panchanama, dt.18.09.2025 at Jaguvaripalli village, Pullampeta Mandal, Annamayya District and further inaction of the 2nd respondent in passing orders in the petition filed by the petitioners on 15.10.2025 for release of the stock and the lorry as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and consequently direct the 2nd respondent to release the seized stock of 309 bags of raw rice to the 1st petitioner and the lorry bearing No.KA56 3519 to the 2nd petitioner and not to take any action in pursuance of the illegal seizure.….” 2. The 1st petitioner is engaged in the business of rice, purchasing rice from millers and wholesale traders and selling the same to the individual consumers and other traders with little profit. During the course of his business, on 17.09.2025, he purchased 296 bags of PDS rice and 13 bags of raw rice, weighing 50 kgs each, from Sree Dhanya Lakshmi Rice Mill, Dommanapalli Village, Porumamilla Mandal vide tax invoice No.1, dated 17.09.2025. After purchasing the same, the 1st petitioner 4 VS,J W.P.NO.32971 OF 2025 engaged a lorry bearing registration No.KA 56 3519, belonging to the 2nd petitioner, to transport the said stock to the 1st petitioner’s premises at Lakshumpalli H/o.Mittamiddapalli Village of Rajampeta Mandal. Accordingly, 309 bags of rice were loaded into the said lorry, and the tax invoice/bill was handed over to the driver of the vehicle. While things stood thus, on 18.09.2025, the 3rd respondent intercepted the lorry carrying the rice to the 1st petitioner’s godown. Simultaneously, the Civil Supplies Deputy Tahsildar, Rajampeta, inspected the 1st petitioner’s godown and high-handedly seized the available stock of 252 bags of rice, alleging that the same was PDS rice. After seizure of rice and the lorry, the petitioners filed petitions for release of the stock and the lorry, but no orders are passed as now. Aggrieved by the same, the present writ petition came to be filed. 3. Heard learned counsel for the petitioners and learned counsel for the respondents. 4. The grievance of the petitioners is that earlier in the year 2019 the Enforcement Deputy Tahsildar, Chirala, seized 296 bags of PDS rice along with the lorry bearing No.AP27 X 3246 which belongs to the petitioner at Konapalli Adda Road, Bestavaripeta Mandal. Thereafter, proceedings under Section 6-A 5 VS,J W.P.NO.32971 OF 2025 of the Essential Commodities Act, 1955 was initiated wherein, the Collector, Ongole, passed final orders on 12.05.2025 ordering confiscation of 20% of seized stock equivalent to the value of Rs.96,644/- while imposing penalty of Rs.20,000/- on the seized lorry. Pursuant to the said orders, the Joint Collector, Praksam District, Ongole, vide Rc.CS1/6A/231/2019, dated 04.07.2025 ordered for release of the seized stock kept with the Incharge of MLS Point, Cumbcum to the petitioner. By virtue of the said orders of the Joint Collector, Prakasam District, Ongole, the Enforcement Deputy Tahsildar, Giddalur, released the seized stock of 296 bags of PDS rice and handed over the same to the son of the proprietor of the petitioners rice mill under receipt No.04.09.2025. 5. The fact remains that after purchasing the said PDS rice the petitioner engaged a lorry bearing No.KA 56 3519 belongs to the 2nd petitioner for transporting the said rice to his business premises. While the said lorry was proceeding, the 3rd respondent intercepted the same at Joguvaripalle village of Rajampet Mandal on 18.09.2025 and seized the lorry along with the stock of 309 bags of rice high-handedly alleging the same to be PDS rice. After seizure of the said stock, they filed a case under Section 6A 6 VS,J W.P.NO.32971 OF 2025 of the Essential Commodities Act, 1955, before the 2nd respondent which is pending for consideration. Thereafter, the petitioners filed a petition dated 15.10.2025, but no orders are passed. 6. Having regard to the facts and circumstances of the case and in view of the fact that the petition dated 15.10.2025 filed by the petitioners for release of the seized stock and the lorry is pending consideration with the respondent authorities, instead of pending the writ petition, this Court is of the view that it would suffice to direct the respondent authorities before whom the petition is pending for release of the seized stock. 7. Accordingly, the writ petition is disposed of directing the 2nd respondent to pass appropriate orders for releasing the seized stock as well as the lorry bearing No. KA 56 3519 in favour of the petitioners, subject to the petitioners furnishing a bank guarantee or immovable property as security equivalent to the value of the seized stock and the lorry, within a period of five (5) days from the date of receipt of a copy of this order. There shall be no order as to costs. 7 VS,J W.P.NO.32971 OF 2025 As a sequel thereto, miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE V.SUJATHA Date :02.12.2025 LSP