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2025 DAILYLAW 45769 (AP)

Y SUDHAKAR v. The State of Andhra Pradesh

WP/13186/2020 · 2025-09-21

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010201982020 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: 13186/2020 Between: 1. Y SUDHAKAR, S/O Y.SUNKANNA, AGED ABOUT 40 YEARS, SAMSANPURAM, GUNTAKAL VILLAGE AND MANDAL, ANANTAPUR DISTRICT. (OWNER OF SEIZED EICHER VAN BEARING NO. AP. 39 TH 9079) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLY DEPARTMENT, SECRETERIAT, VELAGAPUDI, AMARVATHI. GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT. 3. THE TAHSILDAR, RAPTADU MANDAL, ANANTAPUR DISTRICT. 4. THE STATE S H O, RAPTADU P.S ANANTAPUR DISTIRCT. ...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 any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.4 in seizure of vehicle Lorry (Goods Carriage) bearing No. AP 39 TH 9079 with 210 rice bags (each bag weight 50 kgs) through Mahazarnama dated.23-07-2020 in crime no.205/2020 at NH44 Hyderabad-Banglore Road, opposite Mounagiri Anjaneyaswamy temple, Hamapuram, Raptadu Mandal, Anantapur District, is 2 VS,J W.P.No.13156 of 2020 wholly illegal, arbitrary, against law and consequentially direct the respondents to set aside the above said Panchanama dated 23-07-2020 and pass IA NO: 1 OF 2020 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 seized vehicle Lorry (Goods Carriage) bearing No. AP 39 TH 9079 with 210 rice bags (each bag weight 50 kgs) through Mahazarnama dated;23-07-2020 in crime no.205/2020 at NH44 Hyderabad-Banglore Road, opposite Mounagiri Anjaneyaswamy temple, Hamapuram, Raptadu Mandal, Anantapur District, pending disposal of the writ Petition. Counsel for the Petitioner: 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.13156 of 2020 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.4 in seizure of vehicle Lorry (Goods Carriage) bearing No. AP 39 TH 9079 with 210 rice bags (each bag weight 50 kgs) through Mahazarnama dated.23.07.2020 in crime No.205/2020 at NH44 Hyderabad-Banglore Road, opposite Mounagiri Anjaneyaswamy temple, Hamapuram, Raptadu Mandal, Anantapur District, is wholly illegal, arbitrary, against law and consequentially direct the respondents to set aside the above said Panchanama dated 23.07.2020 ….” 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 10.08.2020, this Court passed the following interim order: “….there shall be an interim direction to respondents to release the seized vehicle viz. Lorry (Goods Carriage) bearing registration No.AP39TH9079, along with 210 rice bags (each weighing 50 kgs), to the petitioner on condition of the petitioner furnishing personal security bonds for the amount equivalent to the value of the vehicle and the stock seized, and also on furnishing an undertaking that he will not alienate the vehicle or alter its nature or create any encumbrances over it, pending disposal of the writ petition.” 4 VS,J W.P.No.13156 of 2020 4. Today, when the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of the release orders (vehicle & seized stocks) of the 2nd respondent vide Rc.No.K11/482/2020, dated 04.09.2020, which were passed in pursuance of the interim order granted by this Court on 10.08.2020 directing release of the vehicle and seized stock. 5. As the vehicle and the seized stock have already been released in pursuance of the interim order granted by this Court, and if the enquiry initiated against the petitioner under Section 6A of the Essential Commodities Act is not yet completed, the respondents are directed to complete the same, strictly in accordance with law, preferably within a period of three (3) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. 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