3 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29244 OF 2024 Between: Pasumarthi Venkata Siva Naga Prasad, s/o Venkateswarlu, aged 45 years occ Business, Prop. Sri Vijaya Lakshmi Rice Traders, Main Village, Pirangipuram Mandal, Guntur District; Rod, Repudi ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Food Supplies and Consumer Affairs Department, Secretariat, Velagapudi, Amaravati. 2. The Joint Collector and Addl. District Magistrate, Guntur, Guntur District. 3. The Civil Supplies Deputy Tahsildar, Tadikonda Mandal, Guntur District. 4. The Tahsildar, Phirangipuram Mandal, Guntur District. Civil ...RESPONDENTS - Petition under Article 226 of the Constitution of India praying that the High Court may in the circumstances stated in the affidavit filed therewith be pleased to issue an appropriate Writ, Order or Direction, more particularly m the nature of Writ of Mandamus, declaring the action of the No. 2 herein in issuing the impugned Endorsement dt. one respondent 19-11-2024 in E.C. Act Case No. 125/2024-S2 refusing to consider the release of the seized stocks of 611.10 quintals of ri request of the petitioner for rice on furnishing surety r and simultaneously issued an order dt. 19-11-2024 for conduct of auction of the seized property as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the same, and to grant. ^ lA NO: 1 OF 2024 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 grant stay of all further proceedings including conduct of auction of the seizure stocks pursuant to the order dt. 19-11-2024 I E.C.Act Case No. 125/2024-S2 while releasing the seized to the petitioner by accepting the solvent surety, pending disposal of the main Writ Petition. " Counsel for the PetitioneriSRI K JOSEPH Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010559052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29244/2024 Between: Pasumarthi Venkata Siva Naga Prasad ...PETITIONER AND ...RESPONDENT(S) The State of AP and others Counsel for the Petitioner: 1.K JOSEPH Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2"'^ respondent herein in issuing the impugned Endorsement dated 19-11-2024 in E.C.Act Case No.125/2024- S2 refusing to consider the reguest of the petitioner for release the seized stocks of 611.10 quintals of rice on furnishing surety and simultaneously issued an order, dated 19.11.2024 for conduct of auction of the seized property as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the same and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case. ” Ut 2. The case of the petitioner is that the petitioner is running rice business in the name and style of Sri Vijaya Lakshmi Rice Traders. On 16.10.2024 the 3'"^ respondent has conducted inspection and found that 250 bags of rice each containing 50 kgs and 300 bags of rice each containing 26 kgs, total 7800 kgs of rice and also found fortified kernel and later inspected vehicles and found the total stock of 61000 kgs of rice in 1366 bags and under the cover of mediators report, the respondents seized the stock presuming that they are pertaining to PDS rice. The petitioner has filed an application before the Joint Collector on 23.10.2024 for the release of the seized stock but the same was rejected on 19.11.2024 and on the very same day, the Joint Collector has issued orders to conduct public auction for the seized stock. Aggrieved by the same, the present writ petition is filed. Learned counsel for the petitioner submits that the petitioner doing rice business in the name and style of Sri Vijaya Lakshmi Rice Traders under registration No.37BJJPP9663H2ZG and the petitioner purchased the seized stock vide invoice Nos.SVRT/24-25/68, SVRT/24-25/69 and SVRT/24-25/70 and also filed the statement of Bank Account from 01.04.2024 to 17.10.2024 and prayed for a direction to release the seized stock. 3. IS 4. Learned Assistant Government Pleader, on oral instructions, submits that the respondent authorities have not conducted any auction in respect of the seized stock. 5. Considering the submissions made by the learned counsel for the petitioner as well as the learned Assistant Government Pleader, this Court feels it appropriate to dispose of the writ petition by directing the writ petitioner to make an application for release of the seized stock of rice before the 2'"'^ respondent/Joint Collector along with all the relevant material papers within a period of one week from the date of receipt of a copy of this order, and on receipt of such application, the 2'^'^ respondent shall consider the same and pass appropriate orders, within a period of two weeks thereafter. 9 4 'i 6. With the above said observation, the Writ Petition is disposed of. W There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- V.SAVITHRI GOWRI ASSISTA^I^REGISTRAR F //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Food, Civil Supplies and Consumer Affairs Department, Secretariat, Velagapudi, Amaravati. 2. The Joint Collector and Addl. District Magistrate, Guntur, Guntur District. 3. The Civil Supplies Deputy Tahsildar, Tadikonda Mandal, Guntur District. 4. The Tahsildar, Phirangipuram Mandal, Guntur District. 5. One CC to SRI. K. JOSEPH, Advocate [OPUC] 6. Two CCs to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh. [OUT] 7. Three C.D.Copies nm HIGH COURT DATED:08/04/2025 9r ORDER WP.No.29244 of 2024 ^ 21 MAY 2025 n W Current taction . ^ 1} DISPOSING OF THE WP WITHOUT COSTS