APHC010454642025 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: 23716/2025 Between: 1. A SIVA PRASAD, S/O. CHINNA VEERAIAH, AGED 46 YEARS, OCC PROP, OF SRI MANJUNATHA RICE MILL, D.NO.2/1066, PEDDAPASUPULA ROAD, JAMMALAMADUGU TOWN AND MANDAL, Y SR KADAPA DISTRICT. 2. T. PAVAN KALYAN,, S/O. T.KRISHNAIAH, AGED 28 YEARS, OCC OWNER OF THE VEHICLE BEARING NO. AP07TF7369, VENKATAPURAM VILLAGE, MYDUKUR MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, CIVIL SUPPLIES DEPARTMENT, KADAPA, YSR DISTRICT. 3. THE TAHSILDAR, BADVEL MANDAL, YSR DISTRICT. 4. THE INSPECTOR OF POLICE, BADVEL URBAN P.S., YSR 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 a writ order or direction more particularly one in the nature of 2 VS,J W.P.No.23716 of 2025 Writ of Mandamus challenging the orders vide Ref.No.I(3)/219/2025, dated 21-08-2025 passed by the 2nd respondent directing the seized stock of 600 plastic bags of Rice is ordered to be confiscated and imposed a fine of Rs. 1,3 8,000/- on the owner of the vehicle bearing No.AP07TF7369 is illegal, arbitrary and set aside the same and consequently direct the respondents authorities to release the seized stock i.e., 600 bags of rice weight about 30,000 Kgs and vehicle bearing No.AP07TF7369 in favor of the petitioners and to 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 suspend the orders vide Ref.No.I(3)/219/2025, dated: 21-08-2025 passed by the 2nd respondent by directing the respondents to release the stock i.e., 600 bags of rice and vehicle bearing No.AP07TF7369 in favour of the Petitioners, by furnishing third Party Security, for value of sezied stock, pending disposal of the above Writ Petition and to pass Counsel for the Petitioner(S): 1. S M SUBHAN Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.23716 of 2025 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus challenging the orders vide Ref.No.I(3)/219/2025, dated 21-08-2025 passed by the 2nd respondent directing the seized stock of 600 plastic bags of Rice is ordered to be confiscated and imposed a fine of Rs.1,3 8,000/- on the owner of the vehicle bearing No.AP07TF7369 is illegal, arbitrary and set aside the same and consequently direct the respondents authorities to release the seized stock i.e., 600 bags of rice weight about 30,000 Kgs and vehicle bearing No.AP07TF7369 in favor of the petitioners.…” 2. The brief facts of the case are as follows: a) The 1st petitioner is running a rice mill and doing wholesale rice business at Door No.2/1066, Peddapasupala Road, Jammalamadugu Town and Mandal, YSR Kadapa District, under the name and style of “Sree Manjunatha Rice Mill”. The petitioner operates the said business with the required permission from the concerned departments and without any deviations. b) The 1st petitioner participated in E-Auction conducted by the Food Corporation of India, Bangalore on 26.12.2024, 27.12.2024 and 22.01.2025 and purchased 600 MTs of fortified Rice. The petitioner received the same through Release Orders vide No.RO/63179/120656, dated 24.01.2025. The said rice was transported to the 1st petitioner’s rice mill between 02.01.2025 and 10.01.2025 through Truck Sheets as per the release orders from 4 VS,J W.P.No.23716 of 2025 Karnataka State. The Enforcement Dy.Tahsildar, Jammalamadugu verified and certified the stock entries in the 1st petitioner’s stock register. c) The 4th respondent, along with his staff, conducted a vehicle check at Chennaesavaswamy Temple, Chennampalli Village, Badvel Mandal, Mydukur Road, YSR Kadapa District on 08.03.2025 at about 3.30 a.m. The lorry bearing registration No.AP07TF7369, carrying 600 plastic bags of rice weighing approximately 30,000 kgs. was found. The 4th respondent seized the rice and the vehicle, alleging the rice to be PDS rice, handed over the stock to the 3rd respondent, and retained custody of the vehicle. d) On 07.03.2025, the 1st petitioner sold 300 quintals of rice to M/s. N.N. Enterprises, Bangalore, to be delivered at Chennai, through Invoice No. 528 dated 07.03.2025 and Way Bill No. 11206229 dated 07.03.2025. The rice sold was a part of the legally purchased fortified rice from the public auction conducted by FCI, Bangalore. The invoice clearly mentions “300 quintals of fortified raw rice” under the commodity column along with the FCI RO numbers. Therefore, the rice purchased is lawful and cannot be confiscated. e) The petitioner challenged the seizure of 300 quintals of rice and the lorry bearing registration No. AP07TF7369 by filing W.P. No. 13233 of 2025, wherein this Court disposed of the writ petition directing the respondents to pass appropriate orders on the pending 6A proceedings before the 3rd respondent (The Joint Collector Civil Supplies, Jammalamadugu, YSR 5 VS,J W.P.No.23716 of 2025 Kadapa) within four weeks, after giving a reasonable opportunity to the petitioner. f) Despite the above, the petitioner filed an explanation before the 2nd respondent. However, without conducting any inquiry in the presence of the Enforcement Dy.Tahsildar, inspecting authorities, Tahsildar, Badvel cardholders of Fair Price Shops, or verifying the records filed by the petitioner, the 2nd respondent passed the impugned order Ref. No. I(3)/219/2025 dated 21.08.2025, ordering confiscation of 100% value of the seized stocks to the State under Section 6-A of the Essential Commodities Act, 1955, and imposed a fine of Rs. 1,38,000/- on the owner of the lorry bearing registration No. AP07TF7369. Challenging the said impugned order, the present writ petition is filed. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. On perusal of the record, it is observed that the Joint Collector, YSR Kadapa District has already passed final orders on 21.08.2025, ordering confiscation of 100% value of the seized stocks to the State under Section 6-A of the Essential Commodities Act, 1955, imposed a fine of Rs. 1,38,000/- on the owner of the lorry bearing registration No. AP07TF7369. The petitioners were informed that they may prefer an appeal before the District & Sessions Court, Kadapa within 30 days from the date of receipt of the said order. 6 VS,J W.P.No.23716 of 2025 5. Learned counsel for the petitioners has submitted that, in view of the final orders passed by the Joint Collector under Section 6-A of the Essential Commodities Act, 1955, the petitioners proposes to avail the statutory remedy available under Section 6-C of the said Act. Accordingly, requested this Court to permit the petitioner to approach the appellate authority i.e., the District and Sessions Court, Kadapa, for redressal of their grievance. 6. In view of the above, the Writ Petition is disposed of. The petitioners are at liberty to approach the appellate authority within a period of two (2) weeks from the date of receipt of a copy of this order. On such appeal, the appellate authority shall consider the appeal preferred by the petitioners in accordance with law, without insisting on any limitation. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 08.10.2025 KGR