APHC010278002020 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18380/2020 Between: 1. SHAIK JOHNY BASHA, S/O SHAIK DADASAHEB, AGED ABOUT 41 YEARS, OCC BUSINESS, PROP. M/S MANJUNATHA TRADERS, 2 38, MAIN ROAD PEDA AGRAHARAM, GUNTUR. 2. SHAIK MASTHAN, S/O KHADAR, AGED ABOUT 56 YEARS, R/O 17 6/2, AYYAGARIPETA SATTUPALLI, KHAMMAM 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COLLECTOR, (CS) PRAKASAM DISTRICT, ONGOLE, PRAKASAM DISTRICT 3. THE ENFORCEMENT DEPUTY TAHSILDAR, SINGARAYAKONDA PRAKASAM DISTRICT 4. THE STATION HOUSE OFFICER, SINGARAYAKONDA POLICE STATION , PRAKASAM DISTRICT 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 appropriate Order, Direction or Writ more particularly one in the nature IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18380/2020 SHAIK JOHNY BASHA, S/O SHAIK DADASAHEB, AGED ABOUT 41 YEARS, OCC BUSINESS, PROP. M/S MANJUNATHA TRADERS, 2 38, MAIN ROAD PEDA AGRAHARAM, GUNTUR. SHAIK MASTHAN, S/O KHADAR, AGED ABOUT 56 YEARS, R/O 17 6/2, AYYAGARIPETA SATTUPALLI, KHAMMAM DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE COLLECTOR, (CS) PRAKASAM DISTRICT, ONGOLE, PRAKASAM DISTRICT THE ENFORCEMENT DEPUTY TAHSILDAR, SINGARAYAKONDA PRAKASAM DISTRICT THE STATION HOUSE OFFICER, SINGARAYAKONDA POLICE STATION , PRAKASAM DISTRICT ...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 appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY THIRD DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA SHAIK JOHNY BASHA, S/O SHAIK DADASAHEB, AGED ABOUT 41 YEARS, OCC BUSINESS, PROP. M/S MANJUNATHA TRADERS, 2- SHAIK MASTHAN, S/O KHADAR, AGED ABOUT 56 YEARS, R/O 17- DISTRICT. ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THE COLLECTOR, (CS) PRAKASAM DISTRICT, ONGOLE, THE ENFORCEMENT DEPUTY TAHSILDAR, SINGARAYAKONDA THE STATION HOUSE OFFICER, SINGARAYAKONDA POLICE ...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 appropriate Order, Direction or Writ more of Writ of Mandamus, declaring the action of the 2 VS,J W.P.No.18380 of 2020 3rd respondent herein in seizing the stocks i.e., 1240 bags of rice each containing 25 Kgs., belonging to the 1g petitioner and the Lorry bearing Reg.No. TS-04-UC-1234 belonging to the 2nd petitioner under Panchanama dt. 28-9-2020 as being illegal, arbitrary, and unjust and consequently set aside the same and further direct the respondents to release the seized stocks along with lorry pursuant to Panchanama dt. 28-9-2020 and to 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 pleased to pass orders direct the respondents herein to release the stocks i.e., 1240 bags of rice each containing 25 Kgs., belonging to the 1s` petitioner and the Lorry bearing Reg.No. TS-04-UC-1234 belonging to the 2nd petitioner under Panchanama dt. 28-9¬2020, on furnishing the third party surety/personal bond, pending disposal of the main Writ Petition, and to pass IA NO: 1 OF 2021 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 modify the order passed in W.P.No. 18380 of 2020 dt. 16-10-2020 in so far the immovable property security is concerned as third party immovable property security instead of personal immovable property security for release of the stocks, in the interest of justice, and to pass such Counsel for the Petitioner(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES 3 VS,J W.P.No.18380 of 2020 The Court made the following Order: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue an appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent herein in seizing the stocks i.e., 1240 bags of rice each containing 25 Kgs., belonging to the 1st petitioner and the Lorry bearing Reg.No.TS-04-UC- 1234 belonging to the 2nd petitioner under Panchanama dt. 28-9-2020 as being illegal, arbitrary and unjust and consequently set aside the same and further direct the respondents to release the seized stocks along with lorry pursuant to Panchanama dt.28-9-2020 and to pass such other order or orders ….” 2. Today, when the writ petition came up for hearing, the learned Assistant Government Pleader has furnished a copy of the instructions of the 2nd respondent i.e., the Collector (CS), Prakasam District, Ongole, dated 18.09.2025 vide Rc.CS1/6A/129/2025, wherein, it is stated that on 10.02.2021, the Collector (CS), Prakasam District, Ongole, has already issued proceedings with regard to the release of the vehicle on the petitioner furnishing third party security for an amount of Rs.9,50,000/-. But, however, the said instructions further states that the seized stock i.e., 310 quintals of PDS rice could not be released in pursuance of the orders passed by this Court on 16.10.2020, as the petitioner has not submitted the personal immovable property security as directed by this Court. 3. In view of the orders passed in I.A.No.1 of 2021, this Writ Petition is disposed of with a direction to the respondents to release the seized stocks, 4 VS,J W.P.No.18380 of 2020 on the petitioner furnishing third party immovable property security. The petitioners shall furnish the same within a period of two (2) weeks from the date of receipt of a copy of this order. Thereafter, the respondents shall consider the same and release the seized stocks within a period of four (4) weeks. However, as the 6-A proceedings are pending before the Collector (CS), for enquiry, there shall also be a direction to the Collector (CS) to complete the enquiry, as expeditiously as possible, preferably, 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, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 23.09.2025 MDP