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2025 DAILYLAW 49842 (AP)

K SRINIVASA RAO v. The State of Andhra Pradesh

WP/18489/2020 · 2025-10-07

V Sujatha

body2025

Judgment text

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APHC010279892020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18489/2020 Between: 1. K SRINIVASA RAO, S/O SUBBA RAO AGE. 39 YEARS MANAGING PARTNER, M/S MAHALAKSHMI RICE TRADERS, DOOR NO. 6-9-11, NIDUBROLU, PONNUR MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE COLLECTOR, (CS) GUNTUR DISTRICT GUNTUR, GUNTUR DISTRICT 3. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, BAPATLA, I/C PONNUR PONNUR MANDAL, GUNTUR DISTRICT 4. THE SUB INSPECTOR OF POLICE, CHEBROLU POLICE STATION, CHEBROLU, GUNTUR 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 topleased to issue an appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos. 3 and 4 herein in seizing the stocks i.e., 1200 bags of rice each containing 25 Kgs., under mediators report dt. 24-9-2020 as being illegal, arbitrary, and unjust and consequently set aside the same and further 2 VS,J W.P.No.18489 of 2020 direct the respondent No.2 to release the seized stocks pursuant to mediators report dt. 24-9-2020 and to pass IA NO: 1 OF 2020 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 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 pleased to vacate the interim orders dated 12.10.2020 passed in W.P. No. 18489 of 2020 and dismiss the writ petition and pass Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.18489 of 2020 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18489/2020 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.3 and 4 herein in seizing the stocks i.e., 1200 bags of rice each containing 25 Kgs., under mediators report dt.24.9.2020 as being illegal, arbitrary and unjust and consequently set aside the same and further direct the respondent No.2 to release the seized stocks pursuant to mediators report dt.24.9.2020 and to pass such other order or orders…” 2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. 3. When the Writ Petition came up for hearing, on 12.10.2020, this Court passed the following interim order:- “Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. The petitioner is challenging the action of the 3rd and 4th respondents in seizing the stocks i.e., rice and paddy bags, pursuant to the Mediators report dated 24.09.2020. The seizure was affected on the premise that the rice is PDS rice. The learned counsel for the petitioner inter alia submits that the rice not an essential commodity and therefore the seizure affected by the respondent Nos.3 and 4 is not sustainable in law. He further submits that unless the seized rice is sent for analysis and a report is received to the effect that it is PDS rice, the respondents cannot initiate any action against the petitioner. The learned counsel further states that in similar circumstances, the seized stocks are directed to be released subject to the furnishing of personal bond for the value of the seized stocks. It is no doubt true that 4 VS,J W.P.No.18489 of 2020 such orders have been passed including by this Court (NJS,J). But however, it is deemed appropriate that pending consideration of the main issue in the writ petition, the respondents are directed to release the seized stocks, subject to the petitioners’ furnishing immovable property security for the value of the seized stock.” 4. Today, when the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of instructions of the Joint Collector and Additional District Magistrate, Guntur vide E.C.Act Case No.220/2020-S7, wherein it is stated that in exercise of powers vested u/sec.6-A(1) of E.C.Act, 1955, the Joint Collector, Guntur has passed final orders in the 6-A(1) of E.C.Act Case No.220/2020-S7, dated 03.02.2024 releasing the 300.00 Qtls of rice stock seized from the lorry of the petitioner. 5. In view of the fact that in pursuance of the interim orders as well as final orders passed under Section 6-A(1) of the E.C.Act, 1955, the seized stock has already been released in favour of the petitioner, this Court is of the opinion that no further cause survives. 6. Accordingly, the Writ Petition is closed. No costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 08.10.2025 JLV 5 VS,J W.P.No.18489 of 2020 226 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18489/2020 Dated 08.10.2025 JLV