APHC010067102022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4234/2022 Between: 1. M/S. AMAN TRADERS, D.NO.7-408, R.C.C. FIRST FLOOR, SRIKALAHASTI, CHITTOOR DISTRICT, REP. BY ITS PROPRIETOR, SK. AMANULLA. ...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 COLLECTOR CS, CHITTOOR, CHITTOOR DISTRICT. 3. THE TAHSILDAR, THOTTAMBEDU MANDAL, CHITTOOR DISTRICT. 4. INSPECTOR OF POLICE, SRIKALAHASTI II TOWN P.S., SRIKALHASTI,CHITTOOR 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 tomay be pleased to issue an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.4 in seizing 124 tons of raw rice belongs to the petitioner under the cover of confession, arrest and seizure Mahazarnama, dt.24.11.2021 and further order of the 2nd respondent Roc E4/324/2021, dt. .01.2022, signed on 02.02.2022 directing the 3rd respondent to dispose of the seized stocks through public auction etc., as illegal, arbitrary and violative of the provisions 2 VS,J W.P.No.4234 of 2022 of the Essential Commodities Act, 1955 and the Orders made there under including AP State Targeted Public Distribution System (Control) Order, 2018 and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure and to 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 the 2nd respondent to release the seized stock of 124 tons of raw rice to the petitioner on furnishing immovable property security/third party immovable property security by suspending the order passed by him in Roc E4/324/2021, dt. .01.2022, signed on 02.02.2022, pending disposal of the above writ petition and to pass such IA NO: 1 OF 2023 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 permit the petitioner to reconstitute the bundle in the above WP.No. 4234/2022 and pass Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.4234 of 2022 ORDER: 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 respondent No.4 in seizing 124 tons of raw rice belongs to the petitioner under the cover of confession, arrest and seizure Mahazarnama, dt.24.11.2021 and further order of the 2nd respondent Roc E4/324/2021, dt. .01.2022, signed on 02.02.2022 directing the 3rd respondent to dispose of the seized stocks through public auction etc., as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under including AP State Targeted Public Distribution System (Control) Order, 2018 and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure and to pass such….” 2. The petitioner herein i.e. M/s. Aman Traders, is a registered firm with registration No.GSTIN37FYZPS1698A1ZJ and does business in rice. During the said course of its business, the petitioner purchased 124 tons of raw rice from ‘Sree Giridharan Traders, Redhills, Thiruvallur district and stored them in its godown. 3. While the matter stood thus, the 4th respondent-Inspector of Police, II Town Police Station, Srikalahasti, along with his staff inspected the petitioner’s godown on 24.11.2021 and during the inspection, though relevant bills and registers were produced by the petitioner to prove that the stored stock was purchased through valid bills, the 4th respondent highhandedly seized 124 4 VS,J W.P.No.4234 of 2022 tons of raw rice under a mahazarnama dated 24.11.2021. Thereafter, on 27.12.2021, the petitioner filed a petition before the 2nd respondent under Section 6A of the Essential Commodities Act by producing all the relevant material and with a request to release the seized rice. In spite of the same, the 2nd respondent, vide order in Roc.E4/324/2021, dated 02.02.2022 directed the 3rd respondent herein to dispose of the stock seized from the petitioner in public auction. Aggrieved by the inaction of the 2nd respondent in passing the impugned proceedings dated 02.02.2022 without even considering the petition filed by the petitioner on 27.12.2021, the present petition is filed. 4. When the writ petition came up for admission on 18.02.2022, this Court has directed the respondents not to sell the seized stock of the petitioner. 5. Heard Sri. V. Sudhakar Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. Perused the entire material available on record. 6. Today when the writ petition came up for hearing, learned Assistant Government Pleader, on oral instructions has submitted that the case against the petitioner under Section 6A of the Essential Commodities is not yet finalized and that the seized stock of the petitioner is also not put for auction. 7. It can be seen from the impugned proceedings that on 24.11.2021 the 4th respondent seized three vehicles bearing Nos.AP26TD7997, AP39TY0207 5 VS,J W.P.No.4234 of 2022 and AP03TK4236 on the ground that 3264 bags of PDR rice weighing 124 tons are being transported by six members including the petitioner herein, without any valid bills. As such, the said stock was seized under mahazarnama. Thereafter, the Tahsildar has reported that the petitioner and others contravened the provisions stipulated under law and requested the 2nd respondent to initiate action under Section 6A of the Essential Commodities Act, 1955. Accordingly, the 2nd respondent, vide the impugned proceedings has straightaway ordered confiscation of the seized stock to the Government without even affording an opportunity of hearing to the petitioner, solely relying upon the report submitted by the 3rd respondent. Even otherwise, it can be seen that the petitioner herein has filed a petition before the 2nd respondent on 27.12.2021 enclosing all the relevant material i.e. the invoices and requested to release the seized stock of rice as it is not PDS rice. Though the petitioner filed the petition before passing of the impugned order dated 02.02.2022, the 2nd respondent, without considering the petition filed by the petitioner has ordered confiscation of the seized rice stock of the petitioner, which is illegal and arbitrary. 8. In view of the fact that the petition filed before the 2nd respondent on 27.12.2021 is still pending for consideration, instead of going into the merits of the case, the impugned proceedings dated 02.02.2022 passed by the 2nd respondent are hereby set-aside. Further, the 2nd respondent shall consider 6 VS,J W.P.No.4234 of 2022 the petition filed by the petitioner under Section 6A of the Essential Commodities Act on 27.12.2021 and dispose of the same as expeditiously as possible, by duly following the procedure stipulated under law, preferably within a period of three (3) months from the date of receipt of a copy of this order. Further, the 2nd respondent shall release the seized stock to the petitioner within a period of two (2) weeks from the date of receipt of a copy of this order, on petitioner furnishing immovable property security/third party immovable property security to the value of the seized stock as assessed by the 2nd respondent, by executing a personal bond in favour of appropriate authority, strictly adhering to the provisions of the Registration and Stamp Act. The release of the stock would be subject to further orders that would be passed in the proceedings under Section 6A of the Essential Commodities Act. 9. In the result, this writ petition is allowed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 04.11.2025 Gss