APHC010510202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26265/2025 Between: 1. PALLAMPARTHI DILEEP, S/O. P RAMACHANDRAREDDY, AGED 27 YEARS, OCC BUSINESS. INDIRA NAGAR, BESIDES KANAKADURGA MAHAL, SULLURUPETA, TIRUPATI DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR CIVIL SUPPLIES, TIRUPATI, TIRUPATI DISTRICT. 3. THE TAHSILDAR, NAIDUPET, TIRUPATI DISTRICT 4. THE SUB INSPECTOR OF POLICE, NAIDUPET POLICE STATION, NAIDUPET, TIRUPATI 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of respondent Nos.3 and 4 in seizing 403 bags of raw rice totaling 20,090 kgs of the petitioner from the lorry bearing No.AP16TY6865 at Vinnamala X Road, Naidupet on 03.07.2025 under cover of Panchanama, dt.03.07.2025 and further order of the 2nd respondent vide Endorsement Rc.B/111/2025 dt.23.08.2025 rejecting the petition filed by the petitioner for release of stock as illegal. arbitrary, without VS,J W.P No.26265 of 2025 2 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 and 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 pleased to direct the 2nd respondent to release the seized stock of 20,090 Kgs of rice contained in 403 bags to the petitioner pending disposal of writ petition and pass Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES VS,J W.P No.26265 of 2025 3 The Court made the following Order: The present writ petition is filed under Article 226 of 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 respondent Nos.3 and 4 in seizing 403 bags of raw rice totaling 20,090 kgs of the petitioner from the lorry bearing No.AP16TY6865 at Vinnamala X Road, Naidupet on 03.07.2025 under cover of Panchanama, dt.03.07.2025 and further order of the 2nd respondent vide Endorsement Rc.B/111/2025 dt.23.08.2025 rejecting the petition filed by the petitioner for release of stock 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 and pass such other order or orders…” 2. The petitioner is a civil contractor and doing business in food grains such as paddy and rice in the name and style of Sai Ganesh Traders and got registered with firm vide GSTIN37DU6PP0330R1Z9. The petitioner purchases paddy from the ryots, mill from different rice mills and sell the resultant rice to the different traders, within the State or outside the State. In the course of his business, petitioner purchased paddy from the ryots of surrounding villages of Sri Kalahasthi and got it milled and handedover the resultant rice to a rice broker namely Sri Poluru Murali, R/o. Naidupet town to contact buyers and sell the same. The said rice was bagged in 403 gunny bags and transported in a lorry bearing No.AP 16 TY 6865, which belongs to one Sunil Reddy. While the lorry was proceeding to Nellore, the same was inspected by the Sub Inspector of Police, Naidupet along with his staff at Vinnamala cross road at about 08:00 P.M. on 03.07.2025 and seized the lorry along with stock high handedly VS,J W.P No.26265 of 2025 4 alleging that the stock in the lorry is PDS rice. Though the driver of the lorry has stated that the rice in the lorry is not PDS rice, but it is the rice released on milling the paddy and therefore, the same is not liable for seizure, the police highhandedly seized the same. Thereafter, the police informed the same to the Tahsildhar, Naidupet at about 08:00 A.M. on 03.07.2025, accordingly, the Tahsildhar along with Panchayatdars seized the lorry along with 20,090 Kgs of rice contained in 403 gunny bags by way of a panchanama. A criminal case was registered vide FIR No.213 of 2025 on 03.07.2025 under Section 318 (4) of BNS 2023 and Section 7 of the Essential Commodities Act, 1955. 3. Thereafter, the petitioner submitted an application before the respondent No.2 on 05.07.2025 requesting him to release the seized rice, as no orders were passed by the respondent No.2, the petitioner was constrained to file W.P No.18354 of 2025 before this Court, questioning the illegal seizure and the action of the respondent No.2 herein in not releasing the seized rice. The said writ petition was disposed of, on 23.07.2025, directing the petitioner to make an application to the respondent No.3 therein, and further directed the respondent No.3 therein, to dispose of the said application within one week from the date of the application. 4. In pursuance of the orders passed by this Court in W.P No.18354 of 2025, the petitioner submitted an application dated 13.08.2025 before the respondent No.2 herein/respondent No.3 therein stating that the rice seized is VS,J W.P No.26265 of 2025 5 not PDS rice, inspite of the same, the respondent No.2 herein passed the impugned order dated 23.08.2025, rejecting release of the seized stocks of 403 gunny bags total 20090 kgs rice belongs to Public Distribution System rice with sealed tag with Green labels with mill codes issued under custom milling rice. Challenging which the present writ petition is filed. 5. Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies. 6. The learned Assistant Government Pleader has stated that even as per the endorsement made by the respondent No.2, it can be observed that the release of the seized stock was rejected, as the seized stock i.e., 403 gunny bags, (PDS sealed tagged with Green Labels with Mill Codes) (CMR, Dr. B R Ambedkar Konaseema District AMP) total 20090 belongs to Public Distribution System rice. 7. However, as the request of the petitioner is only to the extent of release of the stock, pending finalization of the 6(A) case, in view of the facts and circumstances, this Court feels it appropriate to direct the respondent No.2 to release the seized stock i.e., 20090 Kgs of rice contained in 403 gunny bags, on the petitioner furnishing the 3rd party immovable property security as well as personal bond to the extent of the value of the seized stock as fixed by the respondent authorities within a period of two (02) weeks from the date of receipt of copy of this Order subject to final order under Section 6(A) of the EC VS,J W.P No.26265 of 2025 6 Act, 1955. Thereafter, the respondents shall release the same within a period of two (02) weeks. 8. However, it is made clear that, whenever petitioner intends to transport the rice which is released in his favor, the petitioner shall furnish the relevant documents to the extent of the validity of that rice to the concerned authorities. 9. With the above directions, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:24.09.2025 Ksj