APHC010175822021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9940/2021 Between: 1. BOYAPATI BALAMURALI, S/O SUBBANAIDU AGE- 46 YEARS, PROPRIETOR OF TIRUMALA RAW AND BOILED RICE MILL, NARAYANAREDDIPET, NELLORE RURAL MANDAL, SPS NELLORE DISTRICT .PETITIONER ...PETITIONER AND 1. THE STAT OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPS NELLORE DISTRICT. 3. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, NELLORE URBAN , SPS NELLORE DISTRICT. ...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, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the respondent in seizing the 1430 bags of boiled rice and 280 bags of raw rice each weighing 50 Kgs. from the mill of the petitioner i.e., Tirumala Raw and Boiled Rice Mill, Narayanareddipet, Nellore Rural Mandal, SPSR Nellore District under cover of Panchanama, dt.29-10-2020 and further order in Rc.B2.83/2021, dt.15.04.2021 passed by the 2nd respondent directing the petitioner to furnish 2 VS,J W.P.No.9940 of 2021 the Bank F.D.R. for Rs.1,00,000/- for release of 140 Qtls of Raw rice and a bank F.D.R. for an amount of Rs.5,00,000/- for release of 1430 bags of boiled rice i.e., 715.00 Qtls. as illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the -4 -Control Orders made there under including the AP Targeted Public Distribution System (Control) Order, 2018 and set aside the same and direct the respondents not to take any action in pursuance of the illegal seizure IA NO: 1 OF 2021 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 1430 bags of boiled rice and 280 bags of raw rice each weighing 50 Kgs. which are seized by the respondent on 29.10.2020 unconditionally by suspending order of the 2nd respondent in Rc.B2.83/2021, dt.15.04.2021, pending disposal of writ petition Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.9940 of 2021 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the respondent in seizing the 1430 bags of boiled rice and 280 bags of raw rice each weighing 50 Kgs. from the mill of the petitioner i.e., Tirumala Raw and Boiled Rice Mill, Narayanareddipet, Nellore Rural Mandal, SPSR Nellore District under cover of Panchanama, dt.29-10-2020 and further order in Rc.B2.83/2021, dt.15.04.2021 passed by the 2nd respondent directing the petitioner to furnish the Bank F.D.R. for Rs.1,00,000/- for release of 140 Qtls of Raw rice and a bank F.D.R. for an amount of Rs.5,00,000/- for release of 1430 bags of boiled rice i.e., 715.00 Qtls. as illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under including the AP Targeted Public Distribution System (Control) Order, 2018 and set aside the same and direct the respondents not to take any action in pursuance of the illegal seizure.…” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 3. When the matter came up for admission on 20.05.2021, this Court passed the following interim order: “…..The petitioner is a Proprietor of M/s. Tirumala Raw and Boiled Rice Mill, Narayanareddipet, Nellore Rural Mandal, SPSR Nellore District. On 29.10.2020 the District Officer, Nellore along with Civil Supplies Deputy Tahsildar, Nellore (Urban), the 3rd respondent herein along with Inspector of Police, Vigilance and Enforcement, Nellore and others inspected the said Mill and illegally seized 1430 bags of boiled rice and 280 bags of raw rice each weighing 50 kgs under cover of panchanama. Petitioner filed a petition on 05.11.2020 before the 2nd respondent seeking 4 VS,J W.P.No.9940 of 2021 release of stocks. After considering the material, the 2nd respondent passed an order dated 15.04.2021, directing the petitioner to furnish a F.D.R. of Rs.1,00,000/- for release of raw rice and a F.D.R. for Rs.5,00,000/- for release of boiled rice. Having regard to the facts and circumstances of the case and taking into consideration the orders passed in W.P.Nos.9757 of 2020 and 14351 of 2020, the 2nd respondent is directed to release the seized stock in favour of the petitioner subject to the condition that the petitioner produces immovable property security for the value of the seized stock. It is needless to mention that before release of the stock, the 2nd respondent shall verify the documents furnished in accordance with law.” 4. Today, when the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of instructions of the Collector (Civil Supplies), SPS Nellore District, dated 19.09.2025, wherein it is stated that in pursuance of the interim orders granted by this Court on 20.05.2021, the petitioner filed a petition along with the immovable property security for the value of the seized stock, with a request to release the seized stock. Thereafter, after examining the petition and its enclosures, the stock was released and handed over to the petitioner. The learned Assistant Government Pleader further stated that 6-A proceedings initiated against the petitioner are still pending for enquiry. 5. The learned counsel for the petitioner raised an objection for initiation of the 6-A proceedings against the petitioner, in view of the fact that the petitioner was transporting boiled rice but not PDS rice. The respondents, 5 VS,J W.P.No.9940 of 2021 without considering the same, have seized the said stock and put the petitioner to suffer hardship since the date of seizure. 6. However, in view of the fact that the 6-A proceedings are pending since 2021, instead of going into all those merits, this Court feels it appropriate to direct the 2nd respondent/District Collector, Nellore, SPS Nellore District, to complete the 6-A proceedings under the Essential Commodities Act, initiated against the petitioner, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order. The petitioner is also at liberty to adduce evidence and as well as file relevant documents to establish that the petitioner was transporting boiled rice but not PDS rice. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 24.09.2025 KGR