Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 45059 (AP)

IMMIDISETTY VENKATA SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/3643/2025 · 2025-03-27

Sumathi Jagadam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original JurisjcHction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH i TWO THOUSAND AND TWENTY FIVE I PRESENT > THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 3643 OF 2025 Between: Immidisetty Venkata Srinivasa Rao, S/o. Pitchaiah, aged about 48 years Proprietor of M/s. Subrahmaneswara Rice Mill Tripuranthakam Mandal, Prakasam District. Rajupalem village ...PETITIONER AND ^1. The State of Andhra Pradesh, Rep. by its Principal Secretary - Civil Supplies, Secretariat, Amaravathi at Velagapudi, Guntur District. The Collector (CS), Prakasam at Ongole. 3. The Sub-Collector, Markapur, Prakasam District. j4. The Tahasildar, Triupuranthakam Mandal, Prakasam District. 5. The Enforcement Deputy Tahsildar, Yerragonda Palem Mandal, Prakasam 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 be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the proceedings in Rc.No. RC.CS1/6A/25/2024, dated 30.3.2024, on the file of the 2'^^ respondent as illegal, void, arbitrary, unjust and violation of Articles 14, 19, 21 and 300-A Constitution of India consequently direct the . 2nd respondent to release seized stock of 378 quintals of rice to the petitioner by accepting personal bond/ third surety. may and party lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances statecl in the affidavit filed in support of the petition, the High Court may bq pleased" to direct the 2"^^ respondent to release the seized stock of 378 quintals of rice to the petitioner by accepting personal bond/ third party surety by suspending the proceedings in Rc.CS1/6A/25/2024, dated 30.3.3024 of the 2"'^ respondent, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KOCHIRI RAJA SHEKAR Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010064252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 3643/2025 Between: ...PETITIONER Immidisetty Venkata Srinivasa Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KOCHIRI RAJASHEKAR Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following ORDER: This writ petition under Article 226 of the Constitution of India is filed seeking the following relief: “..to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the proceedings in Rc.No. RC.CS1/6A/25/2024 , dated 30.3.2024, on the file of the 2nd respondent as illegal, void, arbitrary, unjust and violation of Articles 14, 19, 21 and 300-A Constitution of India and consequently direct the 2nd respondent to release seized stock of 378 quintals of rice to the petitioner by accepting personal bond/ third party surety and pass such other order or orders as may deem fit and proper in the circumstances of the case. 2. The petitioner i Prakasam District. The said Reddy. The IS proprietor of Sri Subramanyeswara Rice rice mill was taken Mill of on lease from one Narasimha petitioner NO.37AGXPV5207F2ZS. IS paying GST iz/c/e Registration 3. On 02.04.2024, the 2"^ 19(F) of APSTPDS (Control) Order, 2018 day directed the Tahsildar to dispose through auction. The petitioner has learnt store and submits that he i Joint Collector for release of stock. respondent has framed charge under clause and the 2"^^ respondent on the same of the stock i.e., 378 Qtls of PDS rice that the said stock is lying in the IS ready to file appropriate application before the 4. Heard. 5. Perused the record. 6. Since the rice is perishable in nature and conducted even after as the auction has not been appropriate to dispose of the approach the Joint Collector by filing the date of receipt of a copy of the respondents shall consider and on the same by imposing necessary conditions. The one (1) week. one year, this Court feels it writ petition by directing the petitioner to a petition/application within two (2) weeks from this Order. Upon moving such application pass appropriate orders entire exercise shall complete within 7. Accordingly, 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/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary, Civil Supplies, State of Andhra Pradesh, Secretariat, Amaravathi at Velagapudi, Guntur District. Z: The Collector (CS), Prakasam at Ongole. 3. The Sub-Collector, Markapur, Prakasam District. 4. The Tahasildar, Triupuranthakam Mandal, Prakasam District. 5.' The Enforcement Deputy Tahsildar, Yerragonda Palem Mandal, Prakasam District. ^6. One CC to Sri Kochiri Raja Shekar, Advocate [OPUC] "f! Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT \ DATED:28/03/2025 ORDER WP.No.3643 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS