APHC010171522022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9824/2022 Between: 1. M/S. SRI SUDHARSHAN TRADERS, BADVEL, YSR KADAPA DISTRICT, REP. BY ITS PROPRIETOR M.V.SUNEEL KUMAR. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 3. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, MANGALAGIRI, GUNTUR DISTRICT. ...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 may be pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the seizure of 270.00 Qtls of raw rice (360 bags weighing 75 kgs each) belongs to the petitioner along with Lorry bearing No.AP 35 W 6927 under cover of police proceedings dt.29.01.2022 and the order of the 2nd respondent in E.C.Act Case No.64/2022-S7, dt.22.03.2022 directing the petitioner to produce to obtain bank guarantee for Rs,10,00,000/- from any Nationalized Bank with a validity of two years in favor of Joint Collector, Guntur and submit the same for releasing the seized 270.00 Qtls of rice stocks as illegal, arbitrary, without any 2 VS,J W.P.No.9824 of 2022 authority of law, competency or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and set aside the same and direct the respondents not to take any action in pursuance of the illegal seizure and pass such IA NO: 1 OF 2022 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 may be pleased to direct respondent Nos.2 and 3 to release 270.00 Qtls of raw rice (360 bags weighing 75 kgs each) by suspending the order of the 2"d respondent in E.C.Act Case No.64/2022-S7, dt.22.03.2022, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 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.9824 of 2022 ORDER: The present Writ Petition is filed under Article 226 of 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 seizure of 270.00 Qtls of raw rice (360 bags weighing 75 kgs each) belongs to the petitioner along with Lorry bearing No.AP 35 W 6927 under cover of police proceedings dt.29.01.2022 and the order of the 2nd respondent in E.C.Act Case No.64/2022-S7, dt.22.03.2022 directing the petitioner to produce to obtain bank guarantee for Rs,10,00,000/- from any Nationalized Bank with a validity of two years in favor of Joint Collector, Guntur and submit the same for releasing the seized 270.00 Qtls of rice stocks as illegal, arbitrary, without any authority of law, competency or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and set aside the same and direct the respondents not to take any action in pursuance of the illegal seizure..…” 2. When the matter came up for admission on 12.04.2022, this court passed the following interim order: “….The case of the petitioner is that pursuant to the Orders passed in previous W.P.No.24843 of 2021, the seized rice was released to the petitioner; subsequently, the same rice was again seized through proceedings, dated 18.12.2021 on 29.01.2022; the petitioner filed a petition on 15.02.2022 seeking release of the rice stating that the very same rice is seized again. In spite of the same, without considering the petition filed by the petitioner on 15.02.2022, notice has been issued on 22.03.2022 directing the petitioner to submit bank guarantee for an amount of Rs.10,00,000/- for release of the seized stock. As seen from the said notice, dated 22.03.2022, the petition filed by the petitioner is referred to at Sl.No.2 in reference, but the same is not discussed at all in the impugned notice. 4 VS,J W.P.No.9824 of 2022 In view of the facts and circumstances, the impugned notice, dated 22.03.2022 is set-aside and the 2nd respondent is directed to re-examine the matter by considering the contentions that are raised in the petition, dated 15.02.2022, which contained the stamp of the office of the Joint Collector and pass a reasoned order, strictly in accordance with law, within a period of one week from the date of receipt of a copy of this Order.” 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of the final orders passed by respondent No.2 vide proceedings E.C Act Case No.64/2022-S7, dated 29.04.2022, releasing the entire seized 270.00 quintals of rice stocks to the petitioner. 4. In view of the above, as final orders have already been passed, this Court is of the opinion that no further cause survives in this writ petition. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 03.11.2025 CAB/KGR