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2025 DAILYLAW 43516 (AP)

PADALA SURYA RAO v. THE STATE OF ANDHRA PRADESH

WP/8865/2025 · 2025-04-03

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8865 OF 2025 Between: Padala Surya Rao, S/o.Govindu, aged about 40 years, R/o.D.No.11-54 Markandeyaporam Village Gollaprolu Mandal, Kakinada District. ...PETITIONER AND 1. The State of Andhra Pradesh, Through the Principal Secretary, Department of Civil Supplies, Secretariat, Velagapudi, Amaravati Guntur District. 2. The District Collector, Civil Supplies Wing, Eluru District, Eluru. 3. The Joint Collector AddI, Magistrate, (CS), Eluru, Eluru District. 4. The Deputy Tahsildar, Civil Supplies, Kamavarupukota, Eluru District. 5. The Station House Officer, Tadikalapudi Police Station, Tadikalapudi, Eluuru, Eluru District Eluru ...RESPONDENTS 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 issue appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the application of the Petitioner dt (Eicher dt06-10-2024 on the file of 5th one 19-03-2025 for release of the vehicle bearing No. AP39UK4350 Van) seized in F.I.R.No.225/2024 respondent police station, pending disposal of the proceedings under A.P.E.C. Act and PDS Rules as arbitrary, illegal and violative of fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to release the subject vehicle for interim custody on the application of the Petitioner dt 19-03-2025. lA 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 to direct the Respondents No. 3 to 5 to release the Petitioners vehicle bearing No. AP39UK4350 (Eicher Van) for interim custody, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SAI GANGADHAR CHAMARTY Counsel for the Respondent Nos. 1 to 4: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.5: GP FOR HOME The Court made the following: ORDER APHC010172462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3459] 0L5^ FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8865/2025 Between: Padala Surya Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: TSAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: The present writ petition is filed under Article 226 of 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 Respondents in not considering the application of the Petitioner dt 19- 03-2025 for release of the vehicle bearing No. AP39UK4350 (Richer Van) seized in F.I.R.No.225/2024, dt06-10-2024 on the file of 5th respondent police station, pending disposal of the proceedings under A.P.E.C. Act and PDS Rules as arbitrary, illegal and violative of fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to release the subject vehicle for interim custody on the application of the Petitioner dt 19-03-2025 and pass...” During the course of hearing, learned counsel for the petitioner submits that a representation was made before the 3'"* respondent on 19.03.2025 with regard to release of vehicle and the same may be disposed of by fixing time. 2. Learned Assistant Government Pleader appearing for the respondents 3. has consented for the same. Having considered the submission made by the learned counsel for the petitioner, without going into the merits of the case, the Writ Petition is disposed of by directing the petitioner to file appropriate application before the 3''"‘ respondent within one (1) week from the date of receipt of a copy of this order. On receipt of such application, the 3'^ respondent shall consider and pass appropriate orders by giving reasonable opportunity to the petitioner. No 4. order as to costs. As a sequel, miscellaneous petitions, if any. pending shall stand closed. Sd/- P.U.V.BHASKAR^RAO ASSISTANT REGIS //TRUE COPY// AR SEC“n^TcJFFICEP TO, 1. The Principal Secretary, Department of Civil Supplies, Secretariat, Velagapudi. Amaravati Guntur District. The District Collector, Civil Supplies Wing, Eluru District, Eluru. The Joint Collector AddI, Magistrate, (CS), Eluru, Eluru District. The Deputy Tahsildar. Civil Supplies, Kamavarupukota, Eluru, Eluru District. The Station House Cfficer, Tadikalapudi Police Station, Tadikalapudi, Eluuru, Eluru District Cne CC to Sri Sai Gangadhar Chamarty Advocate [CPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [GUT] Two CCs to GP for Home, High Court of Andhra Pradesh. [GUT] Three CD Copies 2. 3. 4. 5. 6. 7. 8. 9. TF HIGH COURT DATE0:04/04/2025 ORDER WP.No.8865 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS