IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9195 OF 2025 Between: Minuku Nagaraju, S/o. M Subbarayudu, Aged 34 years, Occ Business. Kammapalem Village, Sidhout Mandal, YSR Kadapa Dist. ...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, (Civil Supplies), Kadapa, YSR Kadapa District. 3. The Tahsildar, Sidhout, Sidhout Mandal, YSR Kadapa District 4. The Civil Supplies Deputy Tahsildar, Sidhout, YSR Kadapa District. ...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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 4*^ respondent in seizing 453 bags of raw rice totaling 21,300 kgs from the business premises of the petitioner at peddapalle Revenue village, Sidhout Mandal, YSR Kadapa District under cover of Panchanama, dt.08.11.2024 and the Endorsement Ref.No.l(2)/418/2024, dt.07.04.2025 issued by the 2 respondent rejecting that request for release of the seized stock to the petitioner as illegal, arbitrary, without any authority of law and contrary to the provisions of the essential commodities act, 1955 and the Control nd orders made there under and consequently direct the 2""^ respondent to release the seized stock to the petitioner and not to take any action in pursuance of the illegal seizure (Prayer is amended in writ petition and affidavit as per Courts Order dated 17.04.2025 in I A. No. 2/2025) 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 2"'* respondent to release the seized stock of 21,300 Kgs of rice contained in 453 bags to the petitioner pending disposal of writ petition. lA NO: 3 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 2^^ respondent to release the seized stock of 21,300 Kgs of rice contained in 453 bags to the petitioner by suspending the Endorsement of the 2"'^ respondent issued in RefNo. 1(2)/418/2024 dt.07.04.2025, pending disposal of writ petition. Counsel for the Petitioner: SRI V SUDHAKAR REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHC010180062025 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY. THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.9195 OF 2025 Between: Minuku Nagaraju Petitioner and The State of A.P., Rep. by its Secretary, Food, Civil Supplies & Consumer Affairs Department, Secretariat Buildings^ Velagapudi, Guntur District and 3 others Respondents Sri V. Sudhakar Reddy G.P for Civil Supplies Counsel for the petitioner Counsel for the respondents The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner 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 the 4 respondent in seizing 453 bags of raw rice totaling 21,300 kgs from the business premises of the petitioner at Peddapalle # Revenue Village, Sidhout Mandal, YSR Kadapa District, under cover of Panchanama, dt.08.11.2024 and the Endorsement th 2 JS,J WP No.9195/2025 Ref.No.l(2)/418/2024 dt.07.04.2025 issued by respondent rejecting the request for release nd the 2 of the seized stock to the petitioner as illegal, arbitrary, without and contrary to the provisions of the Essential 1955 and the Control Orders made there direct the 2 any authority of law .' Commodities Act, consequently stock to the under and nd respondent to release the seized Petitioner and not to take any action in pursuance of the illegal seizure and pass such other order or orders 2. The case of the petitioner, in brief, is that he is doing wholesale business in a rented shed situated at Survey Panchayath, Madhavaram-1, Sidhout Mandal. rice from the traders and sell the consumers. The petitioner purchased 99.30 rice No.896-3 of Peddapalle The petitioner purchases same to shops and individual quintals of rice from one Perumalla Nadipi Polaiah on 03.10.2024 and 120 quintals of M/s. Malepati Traders on 01.11.2024 his business premises. While raw rice from respectively and kept the same at on 08.11.2024. the 4‘^ respondent along with Vigiianoe and Enforcement officials inspected the premises and SO, seized stock of 21,300 KGs. of rice under the cover of panchanama. The petitioner has filed a petition before the 2 nd respondent/collector to same is rejected on 07.04.2025. release the seized stock and the 3. Learned counsel for the petitioner further submits that is having bills from the traders from whom he The respondents, without conducting the petitioner has purchased the stock. proper enquiry, have- seized the 3 JS,J WP No.9195/2025 stock, which is now lying at the MLS Point, Vontimitta, Kadapa District. Learned counsel further submits that if the seized stock is not released to the petitioner, he will be put to severe loss, hardship and submits that he is ready to file an application before the 2^'^ respondent by furnishing third party immovable security for release the seized stock. Learned Government Pleader, appearing on behalf of the respondents, submits that the 2"^^ respondent vide Ref.No.I(2)/418/2024, 4. dated 07.04.2025, has rejected the case of the petitioner on the ground of pendency of 6-A proceedings. Learned counsel for the petitioner submits that the rice was taken 5. out of the Essential Commodities Act by way of an order passed by the Ministry of Consumer Affairs, Food and Public Distribution, Government of India, New Delhi in G.S.R.104 (E), dated 15.02.2002, issued in exercise of the powers conferred under Section 3 of the Act. Since rice is not an essential commodity and it is perishable in nature, no action can be initiated against the petitioner. Be that as it may, since 21,300 KGs. of rice is lying at MLS Point, Vontimitta, Kadapa District for the last five (5) months, this Court feels it appropriate to release the seized stock by directing the petitioner to approach the Joint Collector (Civil Supplies), YSR Kadapa District under Sub-section (2) of Section 6-A of the Essential Commodities Act. 4 JS,J WP No.9195/2025 6. Having considered the submissions made by learned counsel for the petitioner, this Court deems it appropriate to dispose of the Writ Petition by directing the petitioner to file an appropriate application before the 2"'^ respondent, within one (1) week from the date of receipt of of this order. The respondents shall consider and pass appropriate orders thereon by imposing necessary conditions for release of seized stock, within ten (10) days thereafter. No order as to costs. a copy As a sequel, miscellaneous petitions pending, if any, shall stand Sd/-M.PRABHAKAR RAO //TRUE COPY assistant REGISTRAR V SECTION OFFICER 1. The Secretary, Food, Civil Supplies AND Consumer Affairs Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Collector, (Civil Supplies), Kadapa, YSR Kadapa District. 3. The Tahsildar, Sidhout, Sidhout Mandal, YSR Kadapa District. 4. The Civil Supplies Deputy Tahsildar, Sidhout, YSR Kadapa District. 5. One CC to Sri V Sudhakar Reddy, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies closed. To, RAM HIGH COURT DATED:17/04/2025 ORDER WP.No.9195 of 2025 DISPOSING OF THE WP WITHOUT COSTS