1 IN THE HIGH COURT OF ANDHRA PRADESH ;; AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 11675 OF 2025 Between; D. Swamy Rangaiah, S/o Rangaiah, aged about 44 years, Occ- Driver- cum-Owner of Vehicle bearing No. AP39UG1312, D.No. 2-128, Kuntakada Palli, Elchur, Santhamagulur Mandal, Bapatia District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Joint Collector and Additional District Magistrate, Bapatia District, Bapatia. , 3. The Civil Supplies Revenue Inspector (CSRI), Addanki, Bapatia District 4. The Station House Officer, Ballikurava Police Station, Ballikurava, Bapatia District. ...Respondents 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the 2nd respondent herein in issuing the impugned order E.C. Act Case No. 29/2025/CS/BPT dated 19-04-2025, wherein directed the petitioner to furnish the Bank Guarantee for Rs 1,12,500/- towards release of vehicle bearing No. AP39UG1312 seized in Cr. No. 12/2025 under mediatorsnama dated 08- 03- 2025 as arbitrary, illegal, and unjust and consequently direct the 2nd nd respondent herein to modify the order dated 19-04-2025 in so far as furnishing Bank Guarantee for Rs.1,12,500/- is concerned to that of third party immovable property security. lA 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 herein to release the vehicle bearing No. AP39UG1312 seized in Cr.No. 12/2025 dated 08-03-2025 on the file of the respondent by accepting the third party Immovable property security, pending disposal of the main Writ Petition. Counsel for the Petitioner: SMT KAVITHA GOTTIPATI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: APHCOI 0233732025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdictio MONDAY, THE FIFTH DAY OF I TWO THOUSAND AND TWENTY present THE honourable SMT JUSTICE SUMATHI VVRIT PETITION No: PRADESH [3459] n) MAY FIVE JAGADAM Between: D. Swamy Rangaiah ...PETITIONER AND The State Of Andhra Pradesh Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES IHE COURT MADE THE FOLLQWIMr; The present writ petition i ^ India seeking the following relief; and Others ...RESPONDENT(S) ORDER: IS filed under Article 226 of the Constitution Of “■■■may be pleased to issue a Writ Order or Direction the nature of Writ of Mandamus herein in /, more particularly one in declare the action of the 2"*^ respondent issuing the impugned order E. C Act Case No. 19.04.2025 wherein directed the 29/2025/CS/BPT dated Rs 1 12 5nn, f w petitioner to furnish the Bank Guarantee Rs^ 1,12,500/- towards release of vehicle bearing No.AP 39 UG 1312 Cr.No. 12 of 2025 under mediatornama for seized in dated 08.03.2025 as arbitrary, illegal and unjust and order dated 19.04.2025 i consequently direct the' respondent herein to modify the in so far as furnishing Bank Guarantee for 2 JSJ W.P.No.11675 of 2025 Rs. 1,12,500/- is concerned to that of third party immovable property security and pass." The case of the petitioner is that, on 08.03.2025, the vehicle of the 2. petitioner was engaged for transportation of rice by Bijjam Adi Lakshmi, on payment of hire charges. When the said vehicle reached near Kasturibai Girls Hostal, Guntupalli Village, the 3’’'^ respondent herein and other officials stopped the vehicle, checked and seized the vehicle on the allegation that the said rice is PDS rice. Then the 3^'^ respondent has made a complaint to the 4 respondent and registered Crime No. 12 of 2025 under Sections 318(4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘the B.N.S.’) and Section 7 of Essential Commodities Act, 1955 (for short ‘the E.C.Act’) and handed over the vehicle to the 4‘^ respondent for safe custody. Then the 2"'^ respondent herein directed the petitioner to furnish bank guarantee for an amount of Rs. 1,12,500/- for release of the seized vehicle within 15 days. Hence, the Writ Petition. th \ 3. Heard learned counsel for the petitioner and Learned Assistant Government Pleader for Civil Supplies. Considering the submissions made by both the parties, without going into the merits of the case, the Writ Petition is disposed of, directing the petitioner to pay 50% of the amount before Joint Collector and for the remaining 50%, the petitioner shall furnish bank guarantee within a period of one week. On such payment of 50% of the amount and on furnishing bank 4. i \ 3 JS,J W.P.No.11675 of 2025 respondent shall release the vehicle within be no order as to costs. guarantee by the petitioner, the 2 a period of one week thereafter. There shall As a sequel, miscellaneous petitions nd pending, if any, shall stand closed. //TRUE COPY// Sd/- K. TATA RAO DEPUTY REGISTRAR -■ ^ ■ SECTfoR'OFFICER 1. The Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velaqapudi Amaravati, Guntur District. ’ 2. The Joint Collector and Additional District Magistrate Bapatia District Bapatla. 3. The Civil Supplies Revenue Inspector (CSRI), Addanki, Bapatla District. 4. pe Station House Officer, Baliikurava Police Station Ballikurava Bapatla District. 5. One CC to Smt Kavitha Gottipati, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies To, RAM / m- HIGH COURT \ DATED:05/05/2025 ORDER $ 2 9 MAY 2K5 tSV m. o» WP.No.11675 of 2025 ^. ★J N^^SPATCW^iS^ DISPOSING OF THE WP WITHOUT COSTS