APHC010037912019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1731/2019 Between: 1. SRI SRINIVASA RICE AND FLOUR MILL, D.NO.3/239, MAIN ROAD, CHINA KANCHARLA, SAVALYAPURAM MANDAL, GUNTUR DISTRICT, REP., BY ITS PROPRIETOR CHINTA VENKATA RAO. ...PETITIONER AND 1. STATE OF A P AND 5 OTHERS, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, PRAKASAM DISTRICT, ONGOLE 3. THE SUBINSPECTOR OF POLICE, GUDLURU POLICE STATION, PRAKASAM DISTRICT 4. THE FOOD INSPECTOR, KARIDUKUR, PRAKASAM DISTRICT. 5. THE ASSISTANT SUPPLY OFFICER, KANDUKUR, PRAKASAM DISTRICT. 6. THE INCHARGE, MLS POINT, KANDUKUR, PRAKASAM DISTRICT (RESPONDENT NOS.1, 3 AND 4 ARE NOT NECESSARY PARTIES TO THIS IA) ...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 to issue an order, direction or writ, more particularly one in the nature 2 VS,J W.P.No.1731 of 2019 of Writ of Mandamus declaring the action of respondent Nos. 3 and 4 in seizing 302.10 Qtls of raw rice containing in 600 bags belongs to the petitioner and the order in Rc.CS1/6A/16/2019, dt.06.02.2019 passed by the Collector (CS), Prakasam District, Ongole, the 2nd respondent herein ordering disposal of 302.10 Qtls of raw rice through public auction pending finalization of 6-A proceedings and directing the 5th respondent herein to take possession of the seized stocks from the custodian (6th respondent) and dispose the same as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and also violative of Principles of Natural Justice and unsustainable and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure and to pass IA NO: 1 OF 2019 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 respondents to release the stock of 302.10 Qtls of raw rice containing in 600 bags to the petitioner by suspending the order in Rc.CS1/6A/I6/2019, dt.06.02.2019 passed by the Collector (CS), Prakasam District, Ongole, the 2nd respondent herein, pending disposal of the above writ petition and to pass such other order or orders in the interests of justice Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP) The Court made the following: 3 VS,J W.P.No.1731 of 2019 ORDER: This 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 respondent Nos.3 and 4 in seizing 302.10 Qtls of raw rice containing in 600 bags belongs to the petitioner and the order in Rc.CS1/6A/16/2019, dt.06.02.2019 passed by the Collector (CS), Prakasam District, Ongole, the 2nd respondent herein ordering disposal of 302.10 Qtls of raw rice through public auction pending finalization of 6-A proceedings and directing the 5th respondent herein to take possession of the seized stocks from the custodian (6th respondent) and dispose the same as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and also violative of Principles of Natural Justice and unsustainable and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure ….” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 3. When the matter came up for admission on 15.02.2019, this Court passed the following interim order: “….Respondents 2, 5 and 6 are directed to release the confiscated stock of 302.10 quintals of rice of the petitioner on petitioner’s depositing bank guarantee of any Nationalized Bank equivalent to 50% of the value of the confiscated stock within two weeks from the date of this order.” 4 VS,J W.P.No.1731 of 2019 4. Today, when the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of instructions of the Collector (Civil Supplies), SPS Nellore dated 08.09.2025, wherein it is stated that in pursuance of the interim order granted by this Court on 15.02.2019, the seized stock i.e., 302.10 quintals of rice in 600 bags were released to the petitioner vide office proceedings Rc.CS1/6A/16/2019, dated 03.03.2019. But, however, with regard to the 6A proceedings, it is stated that the enquiry is still pending before the 2nd respondent. 5. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the Writ Petition by directing the 2nd respondent to complete the enquiry under Section 6A of the Essential Commodities Act within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Dated: 22.09.2025 KGR