APHC010275062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13579/2025 Between: 1. M/S SRI ANNAPURNA MODERN RICE MILL, REP., BY ITS PROPRIETOR, PONNAPUREDDY KAMESHWAR REDDY, AGED ABOUT 45 YEARS, S/O. P. ESVARA REDDY, R/ODOOR NO. 2/20-A, GUNDLAKUNTA VILLAGE, PEDDAMUDIUM MANDAL, GUNDLAKUNTA, CUDDAPAH, ANDHRA PRADESH, 516431 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPT, OF CONSUMER AFFAIRS, FOOD CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER OF CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD., OFFICER AT SRI SAI TOWERS, BESIDE SIRIS COMPANY, CHOWDHARY PET, AYYAPPA NAGAR, VIJAYAWADA, ANDHRA PRADESH - 520007. 3. THE DISTRICT COLLECTOR CIVIL SUPPLIES, (THE JOINT COLLECTOR), YSR DISTRICT (KADAPA), OFFICE AT FR4H 2H3, RAILWAY COLONY, KADAPA, ANDHRA PRADESH 516004. 4. REGIONAL VIGILANCE ENFORCEMENT OFFICER, YSR KADAPA, OFFICE AT D.NO 20, 921, R K NAGAR, CO- OPERATIVE COLONY, KADAPA, ANDHRA PRADESH 516001. 5. ENFORCEMENT DEPUTY TAHSILDAR, BADVEL DIVISION YSR KADAPA DISTRICT, ANDHRA PRADESH. . 6. CIVIL SUPPLIES DEPUTY TAHSILDAR, TAHSILDAR OFFICE, MYDUKURU, YSR KADAPA ...RESPONDENT(S): 2 VS,J WPs_13579_2025 & BATCH 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 topleased to issue an order or orders or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent No.3 herein in issuing Order bearing Ref.No.1(2)/466/2024, Dt.13.05.2025 and thereby Ordering for 100 Confiscation of the value of the Seized Stocks to the State u/s 6-A of the Essential Commodities Act,1955 and imposing a Fine of Rs.4,50,000/- against the Petitioner for the Lorry bearing Registration Number AP 04 TW 7218 as being illegal, arbitrary. Violative of Principles of Natural Justice, without application of Mind, in violation of Article 19(1)(g) of the Constitution of India, contrary to the Order of this Honble High Court in W.P No. 17480 of 2023 and consequently Set aside the Order bearing Ref.No.1(2)/466/2024, Dt.13.05.2025 and direct the authorities herein to release the vehicle and the stock belonging to the Petitioner and pass IA 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 pleased tc Stay the operation and all further proceedings pursuant to Order bearing Ref.No.1(2)/466/2024, Dt. 13.05.2025 and pass IA NO: 2 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 pleased to Direct the Respondent Nos.2 to 6 to Release the Vehicle Bearing AP 04 TW 7218 and pass such other order or orders may deem fit and proper in the circumstances of the case. IA 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 Pleased to Direct the Respondent Nos.2 to 6 to Release the Seized stock of Auction Purchased Rice weighing about 260 quintals of auction purchased PDS Rice belonging to the Petitioner herein pursuant to the allotment proceedings vide Ref.No.1(2)/94/2023 dated 04.07.2023, issued by the Respondent No.3 and pass Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): 3 VS,J WPs_13579_2025 & BATCH 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 29241/2024 Between: 1. SRI ANNAPURNA MODERN RICE MILL, REP., BY ITS PROPRIETOR, PONNAPUREDDY KAMESHWAR REDDY, AGED ABOUT 45 YEARS, S/O. P. ESWARA REDDY, R/O. DOOR NO. 2/20-A, GUNDLAKUNTA VILLAGE, PEDDAMUDIUM MANDAL, GUNDLAKUNTA, CUDDAPAH, ANDHRA PRADESH-516431. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPT, OF CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER OF CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD., OFFICER AT. SRI SAI TOWERS, BESIDE SIRIS COMPANY, CHOWDHARY PET, AYYAPPA NAGAR, VIJAYAWADA, ANDHRA PRADESH - 520007. 3. THE DISTRICT COLLECTOR CIVIL SUPPLIES, YSR DISTRICT (KADAPA), OFFICE AT. FR4FI PLUS 2H3, RAILWAY COLONY, KADAPA, ANDHRA PRADESH 516004. 4. REGIONAL VIGILANCE AND ENFORCEMENT OFFICER, YSR KADAPA, OFFICE AT. D.NO. 20, 921, R K NAGAR, CO-OPERATIVE COLONY, KADAPA, ANDHRA PRADESH 516001. 5. ENFORCEMENT DEPUTY TAHSILDAR, BADVEL DIVISION YSR KADAPA DISTRICT, ANDHRA PRADESH. 6. CIVIL SUPPLIES DEPUTY TAHSILDAR, TAHSILDAR OFFICE MYDUKURU, YSR KADAPA. ...RESPONDENT(S): 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 tomay be pleased to issue an order or orders or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent Nos. 2 to 6 in seizing the vehicle bearing AP 04 TW 7218 and along with it 260 quintals of auction purchased PDS Rice belonging to the Petitioner herein pursuant to the allotment proceedings vide Ref.No. 1(2)794/2023 dated 4 VS,J WPs_13579_2025 & BATCH 04.07.2023, issued by the Respondent No.3 herein is being illegal, arbitrary, without jurisdiction, in violation of Article 19(1)(g) of the Constitution of India, contrary to the Order of this Honble High Court in W.P.No.17480 of 2023 and consequently direct the Respondents to release the Vehicle Bearing AP 04 TW 7218 and 260 quintals of Rice belonging to the Petitioner herein and pass IA NO: 1 OF 2024 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 may be pleased to Direct the Respondent Nos.2 to 6 to Release the Vehicle Bearing AP 04 TW 7218 and pass IA NO: 2 OF 2024 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 may be pleased to Direct the Respondent Nos.2 to 6 to Release the Seized stock of Auction Purchased Rice weighing about 260 quintals of auction purchased PDS Rice belonging to the Petitioner herein pursuant to the allotment proceedings vide Ref.No.1(2)/94/2023 dated 04.07.2023, issued by the Respondent No.3 and pass IA 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 pleased to Receive the Additional Material Paper, pending the disposal of the above Writ Petition and pass IA NO: 2 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 Pleased to Receive the Additional Material Paper, pending the disposal of the above Writ Petition and pass IA 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 Pleased to Direct the Respondent No.3 herein to permit the Petitioner herein to transport and sell the Auction purchased Rice Stock vide proceedings bearing Ref.No.1(2)/94/2023, Dated 04.07.2023 in accordance with the details provided in the Representation dated 10.03.2025, submitted to Respondent No.3, pending the disposal of the above Writ Petition and pass. 5 VS,J WPs_13579_2025 & BATCH Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES WRIT PETITION NO: 17480/2023 Between: 1. SRI LAKSHMI SUBBARAYA MODERN RICE MILL, REP., BY ITS PROPRIETOR, SURISETTY SIVA VENKATA PRASAD GUPTHA, AGED ABOUT 45 YEARS, S/O.SURISETTY SUBBARAO, R/O DOOR NO.9/220, NANDYALA ROAD, MYDUKURU, CUDDAPAH, ANDHRA PRADESH 516172. 2. M/S SRI ANNAPURNA MODERN RICE MILL,, REP., BY ITS PROPRIETOR, PONNAPUREDDY KAMESHWAR REDDY, AGED ABOUT 43 YEARS, S/O.P.ESWARA REDDY, R/O DOOR NO. 2/20-A, GUNDLAKUNTA VILLAGE, PEDDAMUDIUM MANDAL, GUNDLAKUNTA, CUDDAPAH, ANDHRA PRADESH- 516431. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPT. OF CIVIL SUPPLIES, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, OFFICE OF JOINT COLLECTOR, YSR DISTRICT (KADAPA), FR4H PLUS 2H3, RAILWAY COLONY, KADAPA, ANDHRA PRADESH 516004. 3. THE COMMISSIONER OF CIVIL SUPPLIES, AP STATE CIVIL SUPPLIES CORPORATION LTD., OFFICER AT SRI SAI TOWERS, BESIDES SIRIS COMPANY, CHOWDHARY PET, AYYAPPA NAGAR, VIJAYAWADA, ANDHRA PRADESH 520007. 4. THE DISTRICT CIVIL SUPPLIES MANAGER, AP STATE CIVIL SUPPLIES CORPORATION LTD., OFFICE AT FR7G PLUS WM6, OPPOSITE SP BUNGALOW, NAGARAJUPETA, KADAPA, ANDHRA PRADESH 516001. ...RESPONDENT(S): 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 topleased to issue an order or orders or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the 6 VS,J WPs_13579_2025 & BATCH Respondent No.2 herein issuing the proceedings in Ref.No.1(2)/94/2023 dated 04.07.2023 (Served upon the Petitioners on 13.07.2023) by framing/ stipulating a condition requiring the successful bidders (i.e., the Petitioners herein) to lift the rice stocks within 10 days from the date of remittance of sale proceeds, and to dispose/ utilize them within 20 days from the date of lifting, and the forfeiture of their deposit amount of Rs.1,00,000/- for any failure to meet the specified time frame, is without jurisdiction, and any statutory force, illegal, arbitrary and in violation of the provisions of the Essential Commodities Act, 1955, and in violation of Article 19(1)(g) of the Constitution of India, and consequently to set-aside the impugned proceedings vide Ref.No.1(2)/94/2023 dated 04.07.2023 to the extent of the condition of time-bound stock lifting, utilization, and forfeiture condition for successful bidders issued by the Respondent No.2 and pass IA NO: 1 OF 2023 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 pleased to Suspend the condition stipulating the time-bound stock lifting, utilization, and forfeiture for successful bidders i.e., the condition requiring the Petitioners to lift the rice stocks within 10 days from the date of remittance of sale proceeds, dispose/utilize them within 20 days from the date of lifting, and the forfeiture of their deposit amount of Rs.1,00,000/- for any failure to meet the specified timeframe framed vide impugned proceedings vide Ref.No.1(2)/94/2023 dated 04.07.2023 issued by the Respondent No.2, pending disposal of the above Writ Petition, and pass IA NO: 2 OF 2023 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 maybe pleased to receive the additional material papers annexed herewith pending disposal of the above writ petition and pass IA NO: 3 OF 2023 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 pleased to recall the order dated 20.07.2023, pending disposal of the above Writ Petition and pass IA NO: 4 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, 7 VS,J WPs_13579_2025 & BATCH the High Court may be pleased pleased to dispense with the filing of the certified copy of the order dated 20.07.2023, pending disposal of the above Writ Petition and pass IA NO: 5 OF 2023 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 pleased to vacate the interim order dated 26.07.2023 passed in IA No. 1 of 2023 in WP No. 17480 of 2023 passed in Writ Petition and pass IA NO: 6 OF 2023 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 Pleased to direct the Respondent No. 4 to receive the payment vide cheque and permit the Petitioners herein to lift the auction purchased stocks, pending disposal of the above Writ Petition and pass IA NO: 7 OF 2023 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 Pleased to receive the additional material papers filed along with this Application pending disposal of the above Writ Petition and pass IA NO: 8 OF 2023 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 pleased to direct the Respondent No.4 to permit the Petitioners herein to lift the purchased stocks vide the auction, pending disposal of the above Writ Petition, and pass IA NO: 9 OF 2023 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 pleased to receive the additional material papers filed along with this Application, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 8 VS,J WPs_13579_2025 & BATCH COMMON ORDER: As these writ petitions are filed by the same petitioner challenging the action of the respondents in passing the impugned proceedings which are consequential to one another, this Court feels it suffice to dispose of these writ petitions, by way of a common order, by taking W.P.No.13579 of 2025 as a leading case, which came to be filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an order or orders or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent No.3 herein in issuing Order bearing Ref.No.1(2)/466/2024, Dt.13.05.2025 and thereby Ordering for 100 Confiscation of the value of the Seized Stocks to the State u/s 6-A of the Essential Commodities Act,1955 and imposing a Fine of Rs.4,50,000/- against the Petitioner for the Lorry bearing Registration Number AP 04 TW 7218 as being illegal, arbitrary. Violative of Principles of Natural Justice, without application of Mind, in violation of Article 19(1)(g) of the Constitution of India, contrary to the Order of this Honble High Court in W.P No. 17480 of 2023 and consequently Set aside the Order bearing Ref.No.1(2)/466/2024, Dt.13.05.2025 and direct the authorities herein to release the vehicle and the stock belonging to the Petitioner and pass....” 2. The petitioner – M/s Sri Annapurna Modern Rice Mill, represented by its sole proprietor Sri. Ponnapureddy Kameshwar Reddy, is a rice mill and is a registered trader of rice and paddy, having registration number vide GSTIN-37BNBPP5149J1ZN. 3. While the matter stood thus, on 27.06.2023, in an open auction conducted in the chambers of the Collector (CS), YSR District, Kadapa – 3rd respondent, at about 04.00 p.m., with regard to the disposal of seized/confiscated stock of PDS rice in compliance to the instructions of the 2nd respondent – Commissioner of Civil Supplies, a total of nine (9) bidders have participated in the said auction including 9 VS,J WPs_13579_2025 & BATCH the petitioner herein, expressing their interest in acquiring the seized/confiscated PDS rice stocks and the petitioner herein stood as the highest bidder by securing a top bid of Rs.28.30 per kilogram for the rotation stock amounting to a substantial quantity of 906.376 metric tons and also for the non-rotation stock amounting to a substantial quantity of 373.937 metric tons. The total quantity of the seized/confiscated PDS rice acquired by the petitioner in the aforesaid auction is 1280.363 metric tons and the said stocks were to be secured from 13 MLS points within the jurisdiction of YSR District, Kadapa. 4. As the petitioner emerged as a successful bidder, the 3rd respondent, vide proceedings dated 04.07.2023 has directed the petitioner to remit the full sale proceeds amounting to Rs.3,62,34,273.90 for the damaged rice stock and also for the rotation and non-rotation stocks of PDS rice, by way of a demand draft in favour of the District Collector (Civil Supplies), YSR district, not later than 09.07.2023. In the said proceedings, the 3rd respondent has also imposed a condition that the petitioner shall proceed to lift the stocks of rice from the designated MLS points within ten (10) days from the date of remittance of the aforementioned amount and that the petitioner shall ensure the timely disposal or utilization of the acquired stocks within twenty (20) days from the date of lifting the stocks from the MLS points, failing which the deposited amount of Rs.1,00,000/- would be forfeited. As imposing the aforementioned condition has no basis or legal requirement, the petitioner along with another successful bidder had approached this Court by filing W.P.No.17480 of 2023 seeking the following prayer: “to issue an order or orders or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the Respondent No.2 herein 10 VS,J WPs_13579_2025 & BATCH issuing the proceedings in Ref.No.1(2)/94/2023 dated 04.07.2023 (Served upon the Petitioners on 13.07.2023) by framing/ stipulating a condition requiring the successful bidders (i.e., the Petitioners herein) to lift the rice stocks within 10 days from the date of remittance of sale proceeds, and to dispose/ utilize them within 20 days from the date of lifting, and the forfeiture of their deposit amount of Rs.1,00,000/- for any failure to meet the specified time frame, is without jurisdiction, and any statutory force, illegal, arbitrary and in violation of the provisions of the Essential Commodities Act, 1955, and in violation of Article 19(1)(g) of the Constitution of India, and consequently to set- aside the impugned proceedings vide Ref.No.1(2)/94/2023 dated 04.07.2023 to the extent of the condition of time-bound stock lifting, utilization, and forfeiture condition for successful bidders issued by the Respondent No.2 and pass” 5. In the said writ petition, this Court, vide order dated 26.07.2023 suspended the condition requiring the petitioner to lift the rice stocks within ten (10) days from the date of remittance of sale proceeds, dispose/utilize them within twenty (20) days from the date of filing and the forfeiture of the petitioner‟s deposit amount of Rs.1,00,000/- for any failure to meet the specified timeframe framed vide proceedings dated 04.07.2023 issued by the 2nd respondent, pending disposal of the writ petition. Thereafter, on 21.09.2023, this Court was pleased to modify the earlier interim order dated 26.07.2023 as under: “6. This Court is of the opinion that the Respondents shall fix the time for lifting of the stock as well as the disposal of such stock keeping in mind the quantum of stock of rice that is put for auction. In other words, the period of time that should be given for lifting the stock and disposal of stock should vary depending on the increase in the rice stock. The period that is given for lifting the stock as well as for disposal of stock should be increased depending on the increase in the rice stock for which the bidder has bidded successfully. 11 VS,J WPs_13579_2025 & BATCH 7. In this regard the Respondents are directed to frame a schedule for both the purposes in terms of the opinion expressed by this Court.” 6. In compliance to the said direction of this Court, the 3rd respondent, vide proceedings in Ref.No.I(2)/94/2023, dated 24.10.2023 directed the petitioner herein to lift and utilize the stocks by framing a schedule, but, however, without there being any change in the time frame as fixed earlier i.e., ten (10) days for lifting of the stock and twenty (20) days thereafter, for disposal of such stock. 7. While the matter stood thus, the Union Government of India, vide DGFT notification No.20/2023, dated 20.07.2023, placed a ban on Export of Rice from India to other countries, due to which the petitioner could not diligently sell the rice expeditiously. Subsequently, in the month of August, 2024, the respondent officials conducted a joint inspection of the petitioner‟s premises under a panchanama dated 07.08.2024, with regard to the pending stock that has to be disposed by the petitioner. It is the case of the petitioner that the petitioner is yet to lift 2.29 tons of stock from the respondent authorities owing to the fact of non-availability with the department. 8. Thereafter, while the petitioner was transporting rice to an extent of 260 quintals to „Sri Sai Traders, Chennai‟ in a vehicle bearing No.AP-04-TW-7218, the 5th respondent intercepted the said vehicle and seized the aforementioned stock of the petitioner, despite the petitioner informing the respondent authorities with regard to the orders dated 26.07.2023 and 21.09.2023 passed by this Court in W.P.No.17480 of 2023. Aggrieved by the same, the petitioner has again approached this Court by filing W.P.No.29241 of 2024 with the following prayer: 12 VS,J WPs_13579_2025 & BATCH “to issue an order or orders or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent Nos. 2 to 6 in seizing the vehicle bearing AP 04 TW 7218 and along with it 260 quintals of auction purchased PDS Rice belonging to the Petitioner herein pursuant to the allotment proceedings vide Ref.No. 1(2)794/2023 dated 04.07.2023, issued by the Respondent No.3 herein is being illegal, arbitrary, without jurisdiction, in violation of Article 19(1)(g) of the Constitution of India, contrary to the Order of this Honble High Court in W.P.No.17480 of 2023 and consequently direct the Respondents to release the Vehicle Bearing AP 04 TW 7218 and 260 quintals of Rice belonging to the Petitioner herein and pass” 9. This Court, after taking into consideration the submissions of learned counsel for the petitioner, has passed the following interim order on 24.03.2025 in I.A.No.3 of 2025: “Hence, there shall be a direction to the 3rd respondent to consider the representation of the petitioner, dated 10.03.2025, and pass appropriate orders thereon within a period of ten (10) days from the date of receipt of a copy of this order, duly giving an opportunity of personal hearing to the petitioner.” 10. It is the further case of the petitioner that in the interregnum period, the petitioner was issued a show cause notice bearing Ref.No.I(2)/466/2024, dated 09.01.2025, basing on a report submitted by the Tahsildar under Section 6A of the Essential Commodities Act, with respect to the seized stock and vehicle, to which the petitioner has submitted an explanation on 25.01.2025. Subsequently, on 19.04.2025, the 3rd respondent has issued an endorsement stating that the case of the petitioner could not be considered for release of the seized stock, for the want of further evidence; thus, stated that vehicle bearing registration No.AP-04-TW-7218 would be released on furnishing either a bank guarantee or third party immovable property as 13 VS,J WPs_13579_2025 & BATCH security for Rs.9,00,000/-. The grievance of the petitioner is that despite the petitioner furnishing the said third party immovable security, the respondents have failed to release the seized vehicle. 11. Thereafter, while the petitioner was consistently approaching the respondent authorities for release of the seized stock and vehicle, the 3rd respondent passed a final order on 13.05.2025 under Section 6A of the Essential Commodities Act, 1955 vide Ref.No.I(2)/466/2024, dated 13.05.2025, directing 100% confiscation of the value of the seized stock to the State and by imposing a fine of Rs.4,50,000/- on the petitioner in respect of the vehicle bearing No.AP-04-TW-7218. Further, the 6th respondent herein was also directed to auction the seized PDS rice and to adjust the value thereof towards the department and to collect the fine amount from the petitioner. Aggrieved by the aforesaid action of the respondent authorities, the present writ petition is filed. 12. When the writ petition came up for admission on 15.05.2025, this Court has passed the following interim order: “...there shall be stay of all further proceedings vide Ref.No.I(2)/466/2024, dated 13.05.2025, issued by respondent No.3, for a period of six (06) weeks... I.A.No.2 of 2025 In view of the facts and circumstances of the case, the respondents are directed to release the vehicle bearing No.AP 04 TW 7218, on petitioner‟s furnishing security of immovable property, to the extent value of the stocks seized and further it is made clear that the petitioner shall not either sale or mortgage the said vehicle, pending finalization of Section 6-A proceedings.” 13. The 3rd respondent has filed a detailed counter affidavit duly reiterating the facts as stated by the petitioner and further stated that 14 VS,J WPs_13579_2025 & BATCH pursuant to the orders passed by this Court on 21.09.2023 in W.P.No.17480 of 2023, the 3rd respondent vide proceedings dated 24.10.2023 has framed a schedule for rotation, non-rotation of auctioned stocks and damaged stocks mandal wise. It is further stated that instead of disposing the stocks within the time schedule, the petitioner was found transporting 260 quintals of rice in a vehicle bearing No.AP-04-TW-7218, which were seized under the guise of the interim orders dated 21.09.2023 in W.P.No.17480 of 2023. Thereafter, a final order dated 13.05.2025 was passed by the 3rd respondent under Section 6A of the Essential Commodities Act imposing 100% confiscation of the value of the seized stock to the state and by imposing a fine of Rs.4,50,000/- on the petitioner in respect of the seized vehicle bearing No.AP-04-TW-7218. It is further stated that though the petitioner is having a mandatory remedy of approaching District and Sessions Judge as per Section 6C of the Essential Commodities Act, instead of doing so, the petitioner has straightaway approached this Court by filing the present writ petition. As such, requested to dismiss the present writ petition. 14. Heard Sri. N. Ashwani Kumar, learned counsel for the petitioner and Sri. Samba Siva Pratap, learned Additional Advocate General appearing for the respondents. 15. During the course of hearing, learned counsel for the petitioner while reiterating the facts of the case as narrated above, has contended that the respondents have failed to make the entire stock available to him for lifting until December, 2024, as such, the question of early disposal of the said stock would not arise. Further, due to the ban on the export of rice imposed by the Union Government of India, vide DGFT notification No.20/2023, dated 20.07.2023, the demand and 15 VS,J WPs_13579_2025 & BATCH price of rice across the country significantly reduced and only after the market was stabilised, the petitioner was able to sell the stock. He further contended that 260 quintals of rice, which was seized along with vehicle bearing No.AP-04-TW-7218, is still in the custody of the respondent authorities and that apart from the said quantity, a total quantity of 2.299 quintals of rice is still left with the petitioner for disposal, which is very minimal. As such, if at all the respondents release the seized stock of 260 quintals of rice, the petitioner would dispose of the said stock along with the stock remaining rice weighing 2.299 quintals, as early as possible. Hence, requested to allow the writ petitions. 16. On the other hand, the learned Additional Advocate General, while reiterating the contents of the counter affidavit, has strenuously contended that though the petitioner has remitted the full sale proceeds on 07.09.2023 pursuant to the auction conducted on 27.06.2023 and though the said stock is supposed to be disposed within prescribed limit i.e. ten (10) days for lifting and twenty (20) days thereafter for disposal, the petitioner had failed to do so. Even otherwise, the petitioner was permitted to lift and dispose the auctioned stock on 52 occasions i.e. between 03.11.2023 to 18.07.2024, which is almost for a period of one year. He further submitted that the provisions of Essential Commodities Act and the relevant circulars are binding in nature and the petitioner herein, having benefited by purchasing PDS rice at a cheaper rate, cannot violate the time limits prescribed. He further admitted the fact that apart from the seized stock of rice to an extent of 260 quintals, the stock available with the petitioner for disposal, which is alleged to have been purchased pursuant to the auction conducted, is 2.299 quintals only. As such, he requested this Court to direct the petitioner to dispose of the stock, by fixing some time frame. 16 VS,J WPs_13579_2025 & BATCH 17. The facts of the writ petition are not in dispute. On a perusal of the material available on record, it can be seen that pursuant to an auction conducted on 27.06.2023, in the chambers of the 3rd respondent, the petitioner herein stood as the highest bidder by securing a top bid of Rs.28.30 per kilogram for the rotation stock amounting to a substantial quantity of 906.376 metric tons and also for the non-rotation stock amounting to a substantial quantity of 373.937 metric tons. Thereafter, vide proceedings in Ref.No.I(2)/94/2023, dated 04.07.2023, the 3rd respondent has imposed a condition that the petitioner, after remitting the sale proceeds shall lift the stocks of rice from MLS points within ten (10) days from the date of remittance and the same shall be disposed/utilized within twenty (20) days from the date of lifting of the stocks. The same was challenged by the petitioner before this Court by filing W.P.No.17480 of 2023, wherein, this Court was pleased to suspend the operation of the proceedings dated 04.07.2023 and thereafter, vide order dated 21.09.2023 the respondents were directed to frame a time schedule (referred supra). Pursuant to the directions of this Court, the 3rd respondent issued proceedings date 24.10.2023 framing a schedule for lifting and utilizing rotation, non-rotation of seized stocks and damaged stocks and directing the petitioner to lift and utilize the stocks as per the said schedule, on a perusal of which, it can be observed that though the timeframe was fixed, it was same as stipulated in the earlier proceedings dated 04.07.2023. In compliance of the order passed by this Court on 21.09.2023 in W.P.No.17480 of 2023, the 3rd respondent ought to have fixed the time frame for lifting of the stock and as well as disposal of such stock keeping in mind the quantum of stock of rice that is put for auction. The time period that should be given for lifting of stock and disposal of such stock should vary depending on the quantity 17 VS,J WPs_13579_2025 & BATCH of the stock. But, without doing so, the 3rd respondent has issued the proceedings dated 24.10.2023 without altering the timeframe stipulated earlier. 18. It can also be seen that when the petitioner was transporting 260 quintals of rice to „Sri Sai Traders, Chennai‟, in a vehicle bearing No.AP-04-TW-7218, the 5th respondent has intercepted the same and seized both the stock as well as the vehicle, without even taking into consideration the order passed by this Court in W.P.No.17480 of 2023, dated 21.09.2023. 19. Though the arguments of learned Additional Advocate Genereal are taken into consideration, the petitioner is supposed to dispose of the auctioned stock within a period of twenty (20) days from the date of lifting such stock, but, however, the petitioner was permitted to lift and dispose of such stock on 52 occasions i.e. from 03.11.2023 to 18.07.2024, which is almost for a period of one (1) year. The said situation would not have arose, had the 3rd respondent revised the time schedule for lifting the stock and disposing the same as directed by this Court on 21.09.2023 by keeping in mind the quantum of stock of rice that was put for auction. 20. As discussed earlier, under similar circumstances in future, the respondents shall fix the time for lifting of stock and as well as for the disposal of such stock, keeping in mind the quantum of stock i., the time period stipulated for lifting the stock as well as for disposal of stock should depend on the quantity of such stock for which the bidder has bidded successfully. 21. Admittedly, the 3rd respondent has failed to comply with the orders passed by this Court on 21.09.2023 in W.P.No.17480 of 2023, wherein this Court has directed the 3rd respondent to frame a time 18 VS,J WPs_13579_2025 & BATCH schedule keeping in mind the quantity of the auctioned stocks. Taking advantage of the same, the petitioner has been transporting/disposing the auctioned stock for almost a year i.e. from 03.11.2023 to 18.07.2024. It should also be considered that though the 3rd respondent did not frame the time schedule as directed by this Court, the 3rd respondent has permitted the petitioner to lift and as well as dispose of the auctioned stock from 03.11.2023 to 18.07.2024. Admittedly, there was no objection from the respondent authorities with regard to the said aspect, until they have seized the vehicle transporting 260 quintals of auctioned stock bearing No.AP-04-TW-7218. However, it can also be seen that apart from the seized stock weighing 260 quintals, 2.299 quintals of rice is still pending for disposal with the petitioner. Considering the peculiarity and exceptionality of the present case, in order to put an end to the entire dispute and even considering the arguments put forth by the learned Additional Advocate General, this Court is inclined to pass the following order: Accordingly, these writ petitions are allowed and the order dated 13.05.2025 in Ref.No.I(2)/466/2024 passed by the 3rd respondent is hereby set-aside. Consequently, the 3rd respondent is directed to release the seized stock weighing 260 quintals and vehicle bearing No.AP-04-TW-7218 in favour of the petitioner, within a period of one (1) week from the date of receipt of a copy of this order. Thereafter, the petitioner shall be permitted to dispose of the said stock including the balance stock available with the petitioner to an extent of 2.299 quintals within a period of forty five (45) days. It is made clear that this order is applicable only to the present case, 19 VS,J WPs_13579_2025 & BATCH considering the peculiar circumstances of the case as enumerated above and should not be interpreted as a binding precedent for future cases. The present order is passed basing upon the particular facts of the case on hand and the same may not be applicable in different contexts. Therefore, this decision should not be cited as a precedent in subsequent cases, as its application is limited to the facts and arguments put forth by learned counsel on either side. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE V. SUJATHA Date:17.10.2025. Gss