V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ ' « ■' ' • i - /V S’ i lit-v. <h'' TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE 5> .•i e .r v.-> V PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 10066 OF 2025 Between: Basala Mallikarjuna, S/o Balaiah, Age 41 Years, Prop. M/s Sri Kamakshi Thai Fertilizers, Velupodu, Dagadarthi Mandal SPSR Nellore District ...Petitioner AND 1. State of A.P., Rep. by its Principal Secretary, Food, Civil Supplies and Consumer Affairs'Department Secretariat Buildings, Velagapudi, Guntur District. 2. The Collector (Civil Supplies), SPS Nellore. 3. The Mandal Agricultural Officer and Food Inspector, Dagadarthi Mandal, SPSR Nellore 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 3rd respondent in seizing 1504 bags of fertilizers belongs to the petitioner under cover of Mahajarunama, dt. 13.12.2024:,from the shop of the petitioner and the consequential order Rc.B2.263/2024, dt.25.01.2025 passed by the 2 nd V respondent directing the petitioner to furnish the bank FDR of Rs.9,94,775/- and further endorsement for an amount dt. 16.03.2025 rejecting the any authority of law and in modification petition as illegal, arbitrary, without clear violation of Principles of Natural Justice and contrary to the 1955 and the Fertilizer respondents to release any action in pursuance of provisions of the Essential Commodities Act, Control Order, 1985 and consequently direct the the seized stock to the petitioner and not to take the illegal seizure. lA NO: 1 OF 202^ 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 2nd respondent to release 1504 bags of different varieties of Fertilizers seized from the shop of the petitioner on 13.12.2024 by suspending the order Rc.B2.263/2024 dt.25.01.2025 passed by the 2nd respondent, pending disposal of writ petition. Counsel for the Petitioner: SRI. V SUDHAKAR REDDY Counsel for the Respondent Nos. 1 and 2: GP FOR CIVIL SUPPLIES Counsel for the Respondent No. 3: GP FOR AGRICULTURE The Court made the following order: Ifc’ APHC010191622025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 10066/2025 Between: Basala Mallikarjuna ...PETITIONER AND State of AP and others Counsel for the Petitioner: 1.VSUDHAKAR REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES 2.GP FOR AGRICULTURE ...RESPONDENT{S) The Court made the following order: The present writ petition is 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 the 3'^ respondent in seizing 1504 bags of fertilizers belongs to the petitioner under cover of Mahajarnama, dated 13.12.2024 from the shop of the petitioner and the consequential order Rc.B2.263/2024, dated 25.01.2025 passed by the 2 respondent directing the petitioner to furnish the bank FDR for an amount of Rs.9,94,775/- and further endorsement dated 16.03.2025 rejecting the modification petition as illegal, arbitrary, without any authority of law and in clear violation of principles of natural justice and contrary to the provisions of the Essential Commodities Act, 1955 and the Fertilizer Control Order, 1985 and consequently direct the respondents to release the seized stock to the petitioner and not to take any action in pursuance of the illegal seizure and pass such other order or orders in the interest ofjustice." nd 2. Briefly, the case of the petitioner is that 2"^ respondent/Collector, vide order in Rc.B2/263/2024, dated 25.01.2025, directed the petitioner to produce FDR for an amount of Rs.9,94,775/- to release the seized fertilizers of 1504 bags. As the petitioner is unable to furnish the bank guarantee as directed the 2'"'^ respondent, the petitioner moved a petition on 13.02.2024. The said application was rejected by the 2"'' respondent vide endorsement, dated 16.03.2025. Aggrieved by the same, the present writ petition is filed. '*rf 3. Heard learned counsel for the petitioner and the respondents. Perused the record. 4. Learned counsel for the petitioner contends that due to seizure of fertilizers, the petitioner has virtually closed his business, and further more the stocks are detained under the custody of neighbor dealer and if the seized stock is not released, the petitioner will be put to irreparable loss and hardship and hence, prayed to release the stock on furnishing third party immovable property security. 5. Learned Assistant Government Pleader submits that, the seized stock may be released to the petitioner on condition of his furnishing a bank guarantee for the amount equivalent to the value of the stock. On the submissions made by the learned counsel for the 6. petitioner and the learned Assistant Government Pleader, this Court is inclined to dispose of this writ petition, at the stage of admission, by directing the petitioner to furnish 1/4^^ of Bank guarantee for a sum of Rs.9,94,775/- and the petitioner shall furnish third party immovable property security, within two weeks from the date of receipt of a copy of this order and on production of relevant immovable property security, the respondents shall consider and release the seized stock. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT BEGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Food, Civil Supplies and Consumer Affairs Department Secretariat Buildings, State of A.P., Velagapudi, Guntur District. 2. The Collector (Civil Supplies), SPS Nellore. 3. The Mandal Agricultural Officer and Food Inspector, Dagadarthi Mandal, SPSR Nellore District. 4. OneCCto Sri. V Sudhakar Reddy Advocate [OPUC] 5. Two CCs to GP for Civil Supplies, High Court Of Andhra Pradesh. [OUT] 6. Two CCs to GP for Agriculture, yigh Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC(gsg) < HIGH COURT DATE0:22/04/2025 ORDER WP.No.10066of2025 ^ 2 3 JUN 2025 i ^sCiiit»ntS«clieiix*V m .o». DISPOSING THE WP WITHOUT COSTS