APHC010625862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32593/2025 Between: 1. MATTA RAMESH BABU, S/O PRASADA RAO AGE-52 YEARS, OCC- BUSINESS (OWNER OF THE VEHICLE NO.AP39 UK 6889) R/O H.NO.2-0, GANDHI BAZAR, BESTAVARIPETA VILLAGE AND MANDAL, PRAKASAM DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE JOINT COLLECTOR, PRAKASAM DIST., AT ONGOLE 3. THE ENFORCEMENT DEPUTY TASHIDAR, KANIGIRI TOWN, PRAKASAM DIST. 4. THE STATION HOUSE OFFICER, KANIGIRI PS, PRAKASAM DIST. ...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, writ or direction more particularly in the nature of Writ of Mandamus declaring the Notice issued by the 2nd respondent vide RC.CS1/6A/134/2025 dt- 14-10-2025 directing the petitioner to furnish the Bank Guarantee for Rs.5,00,000/- for release of seized vehicle Eicher Lorry bearing Registration No.AP39UK6889, which was seized for the offence under Sec.6-A of Essential Commodities Act, 1955 on 4-9-2025 on the 2 VS,J W.P.No.32593 of 2025 alleged transportation of PDS rice is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the condition imposed by the 2nd respondent and further direct the respondents to release the seized vehicle in favour of 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 to direct the respondents to release the seized vehicle Eicher Lorry bearing Registration No.AP 39 UK 6889, in favour of the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.32593 of 2025 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: <…to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the Notice issued by the 2nd respondent vide RC.CS1/6A/134/2025 dt- 14.10.2025 directing the petitioner to furnish the Bank Guarantee for Rs.5,00,000/- for release of seized vehicle Eicher Lorry bearing Registration No.AP39UK6889, which was seized for the offence under Sec.6-A of Essential Commodities Act, 1955 on 4.9.2025 on the alleged transportation of PDS rice as illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the condition imposed by the 2nd respondent and further direct the respondents to release the seized vehicle in favour of the petitioner, ….= 2. The case of the petitioner is that he is the owner of the vehicle, i.e., Eicher Lorry bearing Registration No.AP39UK6889. On 03.09.2025, at about 10.00 p.m. one stranger requested the driver of the vehicle to transport his rice from Kangiri to Kavali, stating that he had purchased the same from local rice mills for sale in the open market. While transporting the said rice and upon reaching Garlapadu center at about 5.00 p.m. on 04.09.2025, the Enforcement Deputy Tahsildar, Kangiri, along with his staff, intercepted the vehicle and found that the rice loaded in the lorry belongs to PDS rice. On suspicion, they seized 232 bags of rice along with the subject vehicle by preparing a panchanama and initiated under Section 6-A of the Essential Commodities Act. Thereafter, the petitioner filed an application before the 2nd respondent on 23.09.2025 seeking release of the said vehicle, stating that he had no connection with the alleged PDS rice. However, without considering 4 VS,J W.P.No.32593 of 2025 his request or verifying the records, the 2nd respondent issued notice dated 14.10.2025 directing the petitioner to furnish a Bank Guarantee for an amount of Rs.5,00,000/- from any Nationalized Bank with a validity of three years for release of the vehicle. Challenging the said notice, the present writ petition is filed. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. Learned counsel for the petitioner has stated that under similar circumstances, this Court has directed the petitioners to furnish third-party immovable property security equivalent to the amount mentioned in the said notice. The fact was also admitted by the learned Assistant Government Pleader for Civil Supplies. 5. In view of the above, the Writ Petition is disposed of directing the respondents to release the vehicle i.e., Eicher Lorry bearing Registration No.AP39UK6889, on the petitioner furnishing third-party immovable property security for an amount of Rs.5,00,000/-. The petitioner is further directed to file an undertaking before the 2nd respondent that he shall not alienate the said vehicle. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 25.11.2025 KGR