APHC010650242025 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: 33616/2025 Between: 1. M/S. GSR INDUSTRIES,, REP. BY ITS AUTHORIZED SIGNATORY - PENUMATSA SRINIVASA RAJU S/O. LAKSHMIPATHI RAJU, AGED ABOUT 47 YEARS, O/O. PLOT NO. 23/2, PENDURTHI IPA, GURRAMPALEM, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, CIVIL SUPPLIES DEPT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE COMMISSIONER, CIVIL SUPPLIES CORPORATION, 3RD FLOOR, SRI SAI TOWER, AUTO NGAR, VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL VIGILENCE AND ENFORCEMENT OFFICER, REGIONNAL VIGILENCE AND ENFORCEMENT OFFICE, BALAYYA SASTRY LAYOUT, VISAKHAPATNAM. 4. THE DISTRICT COLLECTOR CIVIL SUPPLIES, VISAKHAPATNAM DISTRICT, VISAKAHAPATNAM. 5. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 2 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 appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in seizing the 'Hexa oil' found in the premises of the petitioner under the mediator report dt.26.11.2025 with a suspicion that oil is 'HSD' despite of Invoice submitted by the petitioner and to release vehicle bearing Registration No. API6 TF 1266 which was used for transporting the product as illegal, arbitrary and unconstitutional and also violative of Articles 14, 19 and 21 of the Constitution of India and without having any authority and in contrary to the provisions of Essential Commodities Act 1955 and consequently direct the respondent to release 'Hexa Oil' and vehicle AP16 TF 1266 in the interest of justice and 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 >Hexa Oil? and vehicle bearing Registration No. AP16 TF 1266 which was used for transporting the product in the interest of justice and pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: Declaring the action of the respondents in seizing the Hexa oil found in the premises of the petitioner and vehicle bearing Registration No.AP16 TF 1266 under the mediator report dated 26.11.2025 with a suspicion that oil is HSD despite of invoice submitted by the petitioner, 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 partnership firm and carrying out business operations in the premises of Visakhapatnam in the field of Chemical and Solvents Trading. The petitioner purchased 28,697 liters of Hexa Oil on 29.07.2025 and the same was stored in the premises of the petitioner waiting for orders from its clients. While so, on 26.11.2025 the official respondents in a highhanded manner conducted inspection of the premises and seized the 9089 liters of Hexa Oil on the suspicion that the oil to be HSD and it is being sole for high prices illegally and loaded the same into the subject vehicle bearing Registration No.AP16 TF 1266 for the purpose of transporting the same from petitioner premises to the office of the authority. 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 source of oil have been explained, 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 No.AP16 TF 1266 along with the stock to the petitioner upon furnishing personal bond 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