1 APHC010453792022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28316/2022 Between: Yeramsetti Kishore Babu and others ...PETITIONER(S) AND The District Collector and Magistrate of Eluru District and others ...RESPONDENT(S): Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 2 The Court made the following: ORDER: The present writ petition is filed challenging the orders of the 1st respondent vide Roc.No.CS1/601/ECA-83/2020, dated 23.08.2021 as modified in C.M.A.No.9 of 2021, dated 10.03.2022 on the file of I Additional District Judge, West Godavari, Eluru, 2. The brief facts of the case, in a nutshell, leading to filing the present writ petition are that on receipt of credible information about diverting the PDS rice into black market through lorry bearing registration No.AP-27-TY- 7639, the Deputy Tahsildar, Civil Supplies, Pedapadu Mandal, and the Sub-Inspector of Police, Vigilance and Enforcement Department, West Godavari District, Eluru, on 16.09.2020 at about 12.30 A.M. (midnight), have proceeded to Kalaparru Tollgate, Kokkirapadu village, Pedapadu Mandal, along with mediators and intercepted one lorry bearing registration No.AP 27 TY 7639 plying from Vijayawada to Eluru side and on questioning the driver about the stocks available in the vehicle and on verification of the bills, they found that nearly 500 bags each containing 50 Kgs of PDS rice, total weighing about 250 quintals, is being transported for the purpose of diverting the same into black market for selling at higher rates for pecuniary gains. 3. Accordingly, the said stock of 250 quintals of PDS rice along with the lorry were seized in the presence of mediators under a mediators report 3 and handed over the seized stock to the In-charge of MLS point, Eluru, while the lorry was handed over to the Station House Officer, Pedapadu Police Station for safe custody. A case under Section 6A of the Essential Commodities Act, 1955 was registered as well as a criminal case in Crime No.190 of 2020 in Pedapadu Police Station was registered against the writ petitioners. During enquiry, the 1st respondent-Collector, West Godavari, on considering the material on record, passed orders for confiscation of 100% seized stocks of PDS rice or its value to the Government, while imposing penalty of Rs.10,00,000/- on the seized lorry for illegal transportation of PDS rice. 4. Challenging the said orders of the District Collector, West Godavari, the petitioners herein preferred C.M.A.No.9 of 2021 under Section 6C of the Essential Commodities Act, 1955, before the I Additional District Judge, West Godavari, Eluru. The learned I Additional District Judge, considering the material facts established from the record, allowed the appeal, confirming the findings of the learned District Collector, West Godavari, Eluru. 5. For better understanding, it would be appropriate to extract the operative portion of the order, which reads thus : < The appeal is allowed in part, confirming the findings fo the learned Collector and District Magistrate, West Godavari, Eluru, in ROC.No.CS1/601/ECA-83/2020 dated 23.08.2021, so far as order of the Collector for confiscation of 4 100% of the seized stock is modified and reduced to 75% and confiscation to the extent of 75% of the stock is allowed. It is directed to release remaining 25% of the stock or its value as on today basing on its present condition, to the appellant No.1. It is further clarified that if the seized stock is already sold the value of the 25% of the seized stock shall be give to appellant.No.1 or otherwise steps can be taken in accordance with the observations made by this Court in the order by following the procedure as contemplated under law, after expiry of appeal time. The penalty ordered in respect of lorry bearing registration.No.AP 27 TY 7639 is scaled down from Rs.10,000/- to Rs.3,00,000/- The 2nd appellant is directed to deposit the amount within one month from the date of this Order before the lower Court and if the 2nd appellant failed to deposit such amount within the stipulated time, the lower Court is at liberty to take steps in accordance with procedure as contemplated under law to recover the said amount, after expiry of appeal time. No order as to costs.= 6. Aggrieved by the orders of the District Collector, West Godavari, Eluru, as modified in C.M.A.No.9 of 2021, the present writ petition came to be filed. 7. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Civil Supplies. 8. When the matter came up for admission, this court, on 06.09.2022 passed the following order: <The respondents are directed to release the seized stock of rice as well as vehicle bearing.No.AP.27.TY.7639 in favor of the petitioners 1 & 2 by suspending the 5 proceedings vide RoC.No.CS1/601/ECA-83/2020 dated 23.08.2021 of the 1st respondent and orders dated 10.03.2022 passed in CMA No.9 of 2021 on the file of I Addl. District Judge, West Godavari, Eluru=. 9. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies, placed on a record a copy of the instructions given by the 1st respondent-District Collector, West Godavari, Eluru, vide Roc.No.CS1/601/ ECA-83/2020, dated 19.11.2025, wherein it is stated that pursuant to the interim orders dated 06.09.2022 passed in the writ petition, a notice was issued to the 1st petitioner, directing him to receive seized stocks of 250 quintals of rice. But, the 1st petitioner never approached the District Collector, for receiving the seized stocks. However, on 14.11.2025, again, a notice is also issued directing the 1st petitioner to receive the seized stocks. It is further stated that the seized lorry bearing registration No.AP-27-TY-7639 was already released on 06.10.2020. 10. In view of the facts of the circumstances of the case, considering the submissions of the learned Counsel for both parties, instead of keeping the writ petition pending, this court is of the view that it would suffice to direct the 1st petitioner to approach the District Collector, West Godavari, Eluru, pursuant to the notice dated 14.11.2025 and receive the seized stock as ordered. 11. Accordingly, the writ petition is disposed of, directing the 1st petitioner to approach the District Collector, West Godavari, Eluru, for release of the 6 seized stock as ordered in CMA.No.9 of 2021. On approaching the 1st petitioner herein, the District Collector, West Godavari, Eluru, shall pass appropriate orders for release of the seized stock as ordered, in accordance with law, preferably within a period of two days thereafter. There shall no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. _____________ V. SUJATHA, J Date: 19.11.2025 Ksn/Cmk