IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2025 OF 2025 Between: Paladugu Venkata Kotaiah, S/o. P Venkateswarlu, Aged 41 years, Prop of Sri Venkateswara Traders, Boyalapalle Village, Yerragondapalem Mandal, Prakasam Dist ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Velagapudi, Prakasam District. 2. The Joint Collector and Addl. Dist. Magistrate, Prakasam District Ongole. 3. The Enforcement Deputy Tahsildar, Yerragondapalem, Prakasam District. 4. The Tahsildar, Yerragondapalem, Prakasam 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of 3rd respondent in seizing 572 bags of raw rice belongs to the petitioner along with lorry bearing No.AP07TB6786 under a cover of Panchanama, dt.26.10.2024 at the Godown in Saibabanagar of Yerragondapalem town, Prakasam District and the consequential order of the 2nd respondent passed in C.CS1/6A/129/2024 dt. 18.11.2024 rejecting to release the same to the petitioner and directing the 4th respondent to take possession of the seized stock from the custodian and to dispose of the same through public auction as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and consequently direct the respondents to release the seized stock to the Petitioner and not to take any action in pursuance of the illegal seizure 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 2nd respondent to release the seized stock of 572 bags of raw rice to the petitioner forthwith by suspending the order RC.CSI/6A/129/2024 dt. 18.11.2024 issued by the 2nd respondent pending disposal of writ petition Counsel for the Petitioner: SRI V SUDHAKAR REDDY Counsel for the Respondents No.1 to 4: GP FOR CIVIL SUPPLIES The Court made the following: Order APHC010040462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2025/2025 Between: ...PETITIONER Paladugu Venkata Kotaiah AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VSUDHAKAR REDDY Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: The petitioner's case is that they are in the rice business and hired a lorry bearing No.AP07TB6786 to transport 572 bags of rice, each weighing 50 kg. While the driver was tying the rope to the load, the officials seized the lorry's stock without conducting a panchanama or following the procedure outlined in sub-sections (4) to (7) of Section 103 of BNSS. revenue 2 JS,J ft W.PNo.2025/202'' 2. The petitioner filed a petition before the release of stock, which counsel for the petitioner submits that the conducted a public auction till date, and the seized stock second respondent for the was dismissed on 18.11.2024. The learned respondents have not remains with the custodian. Furthermore, it should be noted that rice was taken out of the the Essential Commodities Act by an order issued by the Ministry of Consumer Affairs, Food and Public Distribution New Delhi, in G.S.R.104(E), dated 15.02.2002 Government of India made in the exercise of the power conferred by Section 3 of the Act. Since rice is not classified as an essential commodity, the respondents cannot take Section 6(A) of the Essential Commodities Act. action under 3. When the matter was set for admission, this Court, on 27.01.2025 granted interim suspension of the proceedings dated 18.11.2024 learned counsel for the petitioner further submitted that, without following the due procedure for collecting samples from the alleged PDS rice being transported, the respondent authorities illegally seized the The commodity even under any condition, for interim and refused to release the stock custody as per the proceedings dated 18-11-2024. He further submitted that until it is proved that the seizure petitioner should not be curtailed. Furthermore concerns PDS rice, the rights of the since the proper procedure for collecting the sample was not followed and interim custody was also denied, the stock would spoil. Additionally, if the stock is sold 3 JS,J W.PNo.2025/2025 according to the directions given in the impugned order, the petitioner would incur significant losses if he ultimately succeeds in the case before this court or the concerned authority. The learned Assistant Government Pleader for Civil Supplies has argued that the seized stock belongs to the government and has submitted that 6-B notices were issued to the petitioner. 4. 5. In reply, the learned counsel for the petitioner submitted that if the stock is sold as per the orders passed on 18-11-2024, the petitioner would suffer loss, and some interim protection may be granted even with condition for the release of the stock to balance the interest of both some parties. 6. Therefore, considering the submissions made by the learned counsel for the petitioner, the second respondent is directed to release 572 bags of rice to the petitioner on furnishing security of immovable property of self or third party equivalent to the value of the seized stock, respondent, whereupon the concerned authority shall forthwith intimate the acceptance of the security to the concerned District Registrar/Sub-Registrar for their record purpose. nd to the satisfaction of the 2 7. Accordingly, the Writ Petition is disposed of. No order as to costs. 4 JS,J W.PNo.2025/202,^-^' As a sequel, miscellaneous petitions, if any, pending shall stand Sd/- K. TATA RAO DEPUTY REGISTRAR closed. //TRUE COPY// SECTION OFFICER 1 The Secretary State of Andhra Pradesh, Food, Civil Supplies and Snsumer Affairs Department, Secretariat Buildings, Velagapudi, Prakasam District, and Addl. Dist. Magistrate, Prakasam District, To, 2. The Joint Collector Ongole. Enforcement Deputy Tahsildar, Yerragondapalem, Prakasam 3. The District. 4. The Tahsildar, Yerragondapalem, Prakasam District 5. One CC to SRI V SUDHAKAR REDDY Advocate [OPUC] 6 Two CCS to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesh [OUT] 7. Three CD Copies gsg HIGH COURT DATED: 20/03/2025 ORDER WP.No.2025 of 2025 DISPOSING THE WP WITHOUT COSTS