IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1411 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 The State of Andhra Pradesh, Rep. by its Secretary, Food, Civil Supplies and Consumer Affairs Department, Secretariat Buildings, Velagapudi, Prakasam District. The Joint Collector and Addl. Dist. Magistrate, Prakasam District, Ongole. The Enforcement Deputy Tahsildar, Markapur, Prakasam District. The Tahsildar, Cumbum, Cumbum Mandal, Prakasam District. 1. 2. 3. 4. ...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 the 3rd respondent in seizing the common rice along with lorry bearing NO.AP26TF4597 of the petitioner at Kandulapuram near Cumbum, Prakasam District under a cover of Panchanama, dt.22/23.10.2024 and the order passed by the 2 respondent vide his proceedings Rc.CSI/6A/125/2024-2 dt. 18.11.2024 rejecting to release the seized stock to the petitioner and directing the Tahsildar, Cumbum, the 4*'^ respondent herein to take possession of the seized stock from the custodian and to dispose of the same through public nd 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 2nd respondent 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 2'^^ respondent to release the seized stock of 319.355 Qtls of rice to the petitioner forthwith by suspending the Rc.CSI/6A/125/2024-2 dt.18.11.2024 issued by the 2nd respondent pending disposal of writ petition. order Counsel for the Petitioner: SRI V SUDHAKAR REDDY Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following order: V APHC010026442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 1411/2025 Between: ...PETITIONER Paladugu Venkata Kotaiah AND ...RESPONDENT(S) The State of AP and Others Counsel for the Petitioner: 1.VSUDHAKAR REDDY Counsel for the Respondent{S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 BSB, J W.P.No.1411 of 2025 ORDER: This writ petition is filed under Article 226 of the 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 3 respondent in seizing the common rice along with lorry rd bearing No.AP26TF4597 of the petitioner at Kandulapuram near Cumbum Prakasam District under a cover of panchanama, dt.22/23.10.2024 and the order passed by the 2""^ respondent vide his proceedings Rc.CS1/6A/125/2024-2, dt. 18.11.2024 rejecting to release the seized stock to the petitioner and directing the Tahsildar, Cumbum, the 4‘^ respondent herein to take possession of the seized stock from the custodian and to dispose of the same through the 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 thereunder and consequently direct the 2'"^ respondent to release the seized stock to the petitioner and not to take any action in pursuance of the illegal seizure and pass such other order or orders in the interests of justice.” 2. M/s. Shanti^ Sree Vallabhaneni, learned counsel representing Sri V.Sudhakar Reddy, learned counsel for the writ petitioner submitted that no further order is required in view of the interim order, dated 20.01.2025, passed by this Court in I.A.No.1 of 2025 in this writ petition. 3 BSB, J W.P.No.1411 of 2025 3, I.A.No.1 of 2025 was filed to direct the 2 nd respondent to release the seized stock of 319.355 Quintals of rice to the petitioner forthwith by suspending the order Rc.CS1/6A/125/2024-2, dt.18.11.2024 issued by the 2'"'^ respondent pending disposal of the writ petition. 4. By order, dated 20.01.2025, this Court allowed I.A.No.1 of 2025 subject to terms. The operative portion of the order reads as follows: Perused the record. Considering the submissions in the light of the contentions raised in the writ petition and as the authorities refused to grant interim custody, this petition is allowed subject to terms. The 2"'^ respondent is directed to release the subject matter stock of 319.355 quintals of rice to the petitioner furnishing security of immovable property of self or third party equivalent to the value of the seized stock, to the satisfaction of the 2 on nd respondent, whereupon the concerned authority shall forthwith intimate the acceptance of the security to the concerrfed District Registrar/Sub-Registrar for their record purpose, i \ ■ 5. Accordingly, the Writ Petition is disposed of There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, ’ a/hI/' ''S°i Supplies and Consumer State of Andhra Pradesh, Secretariat District. 2. The Joint Collector and AddI Ongole. D Affairs Department, Buildings, Velagapudi, Prakasam Dist. Magistrate, Prakasam District, 3. The Enforcement Deputy Tahsildar, Markapur, Prakasam District 4. The Tahsildar, Cumbum, Cumbum Mandal, 5. One CC to Sri V Sudhakar Reddy, Advocate 6. Two CCs to GP for Civil Supplies, High Court 7. Two CD Copies Prakasam District. [OPUC] of Andhra Pradesh. [OUT] PRJC vna HIGH COURT DATED:17/02/2025 ORDER WP.No.1411 of 2025 DISPOSING OF THE WP WITHOUT COSTS