APHC010650312025 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: 33614/2025 Between: 1. M/S. GANESH CHEMICALS,, REP. BY ITS AUTHORIZED SIGNATORY, PENUMATSA SRINIVASA RAJU, S/O. LAKSHMIPATHI RAJU, AGED ABOUT 47 YEARS, OCC BUSINESS, O/O. D.NO. 18- 117, KRISHNA NAGAR, MADHURAWADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2. M/S. INARAA,, 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(S) 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 COLLECTORCIVIL SUPPLIES, VISAKHAPATNAM 2 DISTRICT, VISAKAHAPATNAM. 5. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 6. THE STATION HOUSE OFFICER, ANANDAPURAM P.S., VISAKHAPATNAM 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 appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action the respondents in seizing the vehicle bearing Registration No. AP39 UY 8181 belonging to the 1st petitioner along with 29,500 liters of Solvent oil and also 25,100 liters of JNK White Technical Oil available in the premises of the 2nd petitioner firm by alleging it as Solvent Oil under the mediator report dt.25.11.2025 in an high handed manner and without considering the valid Invoices and e-way bills and without having any authority as illegal, arbitrary and unconstitutional and also violative of Articles 14, 19 and 21 of the Constitution of India and in violation of provisions of Essential Commodities Act 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. AP39 UY 8181 belonging to the 1st petitioner along with 29,500 liters of Solvent oil and also 25,100 liters of JNK White Technical Oil seized from the premises of the 2nd petitioner firm in the interest of justice Counsel for the Petitioner(S): 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES 3 The Court made the following: ORDER: Declaring the action of the respondents in seizing the vehicle bearing Registration No.AP39 UY 8181 belonging to the 1st petitioner along with 29,500 liters of Solvent oil and also 25,100 liters of JNK White Technical Oil available in the premises of the 2nd petitioner firm alleging that it is a solvent oil under the mediator report dated 25.11.2025, without considering the 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 1st petitioner firm has license to transport Petroleum Products on land and the 2nd petitioner firm is a proprietary ship firm and carrying out business operations in the premises of Visakhapatnam. While so, on 25.11.2025, despite showing valid invoice and e-way bill, the official respondents in a highhanded manner seized the vehicle bearing Registration No.AP39 UY 8181 with an allegation that the said vehicle is carryout Solvent Oil without proper invoice and e-way bill and on the suspicion of adulteration. 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 judgement relied by the parties referred supra, as there is no justification for the respondents to retain the stock and the vehicle, particularly when the license, invoice and e- way bill 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.AP39 UY 8181 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