APHC010650332025 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: 33615/2025 Between: 1. M/S. INAARA,, REP. BY ITS AUTHORIZED SIGNATORY, PENUMATSA SRINIVASA RAJU, S/O. LAKSHMIPATHI RAJU, AGED ABOUT 47 YEARS, OCC- BUSINESS, O/O.D.NO.53-32-5-24, BESIDE ICICI BANK, KRM COLONY, VISAKHAPATNAM, VISAKHAPATNAM DIST. ...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 VIGILANCE AND ENFORCEMENT OFFICER, REGIONAL VIGILENCE AND ENFORCEMENT OFFICE, BALAYYA SASTRY LAYOUT, VISAKHAPATNAM. 4. THE DISTRICT COLLECTORCIVIL 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 action of action of the respondents in seizing the vehicle bearing Registration No. AP16 TB 7476 under the mediator report dt.26.11.2025 by-alleging that solvent oil is loaded in the vehicle without having any valid Tax Invoice 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 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 to direct the respondents to release the vehicle bearing Registration No. AP16 TB 7476 along with Industrial Oil 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 vehicle bearing Registration No.AP16 TB 7476 under the mediator report dated 26.11.2025 alleging that solvent oil is loaded in the vehicle without having any valid tax invoice, 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 proprietary ship firm and carrying out business operations in the field of Chemical and Solvents Trading. While so, on 24.11.2025, when the subject vehicle was loaded with 25,000 liters of Industrial Oil and about to proceed to the State of Orissa with proper invoice and e-way bill, the said vehicle was broke down after generating invoice and e-way bill. While so, on 24.11.2025, respondents seized the subject vehicle bearing registration No.AP16 TB 7476 on the allegation that the said vehicle contains solvent oil and does not have valid invoices. 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 bonds equivalent to the value of the stock, as such, prayed to pass similar orders in this writ petition. 4 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 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 No.AP16 TB 7476 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