APHC010650212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33613/2025 Between: 1. INAARA, REP. BY ITS AUTHORIZED SIGNATORY, PENUMATSA SRINIVASA RAJU, S/O. LAKSHMIPATHI RAJU, AGED ABOUT 47 YEARS, OCC BUSINESS, 0/O.D.NO.53-32-5-24, BESIDE ICICI BANK, KRM COLONY, VISAKHAPATNAM, VISAKHAPATNAM DIST. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY, CIVIL SUPPLIES DEPT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2 2. THE COMMISSIONER, . CIVIL SUPPLIES CORPORATION, 3RDFLOOR, SRI SAI TOWER, AUTO NGAR, VIJAYAWADA, KRISHNA DISTRICT. 3. 3. THE REGIONAL VIGILENCE AND ENFORCEMENT OFFICER, REGIONNAL VIGILENCE ENFORCEMENT OFFICE, BALAYYA SASTRY LAYOUT, VISAKHAPATNAM. 4. 4. THE DISTRICT COLLECTOR CIVIL SUPPLIES, VISAKHAPATNAM DISTRICT, VISAKAHAPATNAM. 5. 5. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 6. THE STATION HOUSE OFFICER, ANANDAPURAM P.S., VISAKHAPATNAM DIST. 7 2 7. THE DEPUTY ASSISTANT COMMISSIONER ST, COMMERCIAL TAX DEPARTMENT, GOVT, OF INDIA, BHEEMILI CIRCLE, VISAKHAPATNAM-1 DIVISON. ...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 for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action the respondents in seizing the vehicles bearing Registration Nos. (i) AP05 W 5765 (ii) AP16 TD 8911 along with Industrial Oil and (iii) AP39 UY 8888 along with JNK White Technical oil (Industrial Oil as per allegation in mediator report) under the mediator report dt.25.11.2025 even though there is valid Invoices and e-way bills and without having any authority and to declare the same as illegal, arbitrary and unconstitutional and also violative of Articles 14, 19 and 21 of the Constitution of India and also in contrary to the provisions of Essential Commodities Act, 1955 and consequently set aside the same with a direction to the respondents not to proceed further 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 For the reasons stated in the affidavit filed in support of the main Writ Petition and pending disposal of main writ petition, the Hon’ble Court may be pleased to direct the respondents to release the vehicles bearing Registration Nos. (i) AP05 W 5765 (ii) AP16 TD 8911 along with Industrial Oil and (iii) AP39 UY 8888 along with JNK White Technical oil (Industrial Oil as per allegation in mediator report) in the interest of justice and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR HOME 3 2. GP FOR REVENUE 3. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: Declaring the action of the respondents in seizing the vehicles bearing Registration Nos. i. AP05 W 5765, ii. AP16 TD 8911 along with industrial oil, iii. AP39 UY 8888 along with JNK White Technical oil under the mediator report dated 25.11.2025 even though there are valid invoices and e-way bills and without having any authority, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri G.L.Nageswara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the petitioner firm is a proprietaryship firm registered in the year 2021 and carrying out business operations in the field of Chemical and Solvents Trading in Visakhapatnam. While so, on 24.11.2025, when the subject three vehicles were proceeding to the State of Orissa with proper invoices and e-way bills respectively, respondent Nos.2 to 5 intercepted and seized the said vehicles on the allegation that they are illegally transporting industrial oil without valid invoices and e-way bills. Learned counsel for the petitioner further submitted that under similar circumstances, this Court, in W.P.No.30453 of 2025 has directed the authorities to release stock and vehicle on the petitioners furnishing personal 4 bonds equivalent to the value of the stock, as such, prayed to pass similar orders in this writ petition. 4. To the said submission, learned Assistant Government Pleader for Civil Supplies reported no objection. 5. Taking their submissions into consideration and the judgment relied by the parties referred supra, as there is no justification for the respondents to retain the stock and the vehicle, particularly when the ownership and invoices and e-way bills are also furnished, this Court is inclined to dispose of the writ petition at admission stage by passing the following order: <The respondent authority concerned is directed to release the seized vehicles bearing Registration Nos. i. AP05 W 5765, ii. AP16 TD 8911 & iii. AP39 UY 8888 along with the stock to the petitioner upon furnishing personal bonds to the value of the stock, within a period of two (02) weeks 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, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03rd December, 2025 RKS