APHC010589662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30453/2025 Between: 1. YANAMALA KRISHNA REDDY,, S/O PARANDHAMAIAH, AGE 46 YEARS, AGRICULTURIST, 2. YANAMALA SRINIVASULU, S/O. PARANDHAMAIAH, AGE 44 YEARS. OWNER OF LORRY BEARING NO.AP39 UD2770, BOTH ARE R/O VENGAMPALLI VILLAGE, REVURU POST, ANANTASAGARAM MANDAL, SPS NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, YELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR CIVIL SUPPLIES, SPS NELLORE. 3. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, KOVUR, SPS NELLORE 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 No.3 in seizing 193 bags of raw rice weighing 50 kgs each belongs to the 1st petitioner along with mini lorry bearing No.AP39 UD 2770 belongs to the 2nd petitioner under cover of Mahazarunama dt.08.08.2025 respectively and further order of the 2 VS,J W.P.No.30453 of 2025 2nd respondent passed in Rc.B2.128/2025, dt.l7.10.2025, wherein and where under he ordered to sell the seized stock through public auction and directing the 2nd petitioner to furnish the bank FDR for an amount of Rs.2,00,000/- from any Nationalized Bank for a period of 3 years validity for release of the seized lorry bearing No.AP39 UD2770 as illegal, arbitrary, without any authority of law or jurisdiction and violative of Articles 14 and 19(l)(g) of the Constitution of India and contrary to the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents to release the seized stock to the 1st petitioner and lorry to the 2nd petitioner and not to take any action in pursuance of the illegal seizure and pass su 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 direct the respondents to release the seized stock to the petitioner and the lorry bearing No. AP39 UD2770 to the 2nd petitioner by suspending the order of the 2nd respondent passed in Rc.B2.128/2025, dt. 17.10.2025, pending disposal of writ petition and pass Counsel for the Petitioner(S): 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.30453 of 2025 ORDER: The present Writ Petition came to be 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 respondent No.3 in seizing 193 bags of raw rice weighing 50 kgs each belongs to the 1st petitioner along with mini lorry bearing No.AP39 UD 2770 belongs to the 2nd petitioner under cover of Mahazarunama dt.08.08.2025 respectively and further order of the 2nd respondent passed in Rc.B2.128/2025, dt.l7.10.2025, wherein and whereunder he ordered to sell the seized stock through public auction and directing the 2nd petitioner to furnish the bank FDR for an amount of Rs.2,00,000/- from any Nationalized Bank for a period of 3 years validity for release of the seized lorry bearing No.AP39 UD2770 as illegal, arbitrary, without any authority of law or jurisdiction and violative of Articles 14 and 19(l)(g) of the Constitution of India and contrary to the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents to release the seized stock to the 1st petitioner and lorry to the 2nd petitioner and not to take any action in pursuance of the illegal seizure ….” 2. The brief facts of the case are as follows: a) The 1st petitioner is a ryoth owning Ac.7-83 cents of land in Inagaluru Revenue Village, Ananthasagaram Mandal, SPSR Nellore District. The petitioner raised paddy crop in his land and got milled some of the harvested paddy with an intention to sell the resultant rice at Nellore. After milling the paddy, the petitioner loaded 99 gunny bags and 94 plastic bags, totaling 193 bags of rice weighing 50 kgs each, into an Eicher Mini Lorry bearing 4 VS,J W.P.No.30453 of 2025 registration No.39UD2770 belonging to the 2nd petitioner, during the evening hours of 07.08.2025. b) While the said Mini lorry was proceeded towards Nellore with the rice load, it was intercepted by the Sub-Inspector of Police, Kovur along with the Civil Supplies Deputy Tahsildar, Kovur/3rd respondent herein and other officials at about 6.00 a.m. on 08.08.2025 in Saluchinthala Center, Pothireddypalem Village, Kovvur Mandal. The vehicle along with the rice load was seized, despite the petitioners informing the officials that the rice had been milled from the paddy grown in the 1st petitioner’s fields and that the stock was not liable for seizure or confiscation. Nevertheless, the Sub- Inspector of Police, Kovvur registered a case against the petitioners in Crime No.232/2025 under Sections 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Section 7 of the Essential Commodities Act. c) Thereafter, basing on the report submitted by the 3rd respondent, the 2nd respondent initiated proceedings under Section 6-A of the Essential Commodities Act. In those proceedings, the petitioners filed an application on 18.08.2025 before the 2nd respondent explaining that the seized stock was not PDS rice and also requested for release of both the stock and the vehicle on furnishing personal bond or or immovable property security or bank guarantee, each valued at Rs.5000/-. However, by impugned proceedings dated 17.10.2025, the 2nd respondent rejected the request for release of the seized stock and ordered to sell through public auction, while permitting 5 VS,J W.P.No.30453 of 2025 release of the vehicle on furnishing a Fixed Deposit Receipt (FDR) for an amount of Rs.2,00,000/- from any Nationalized Bank, valid for a period of three years, pending finalization of the 6-A proceedings. d) The said proceedings are under challenge in the present writ petition on the ground that the 2nd respondent erroneously rejected the request for release of the stock and vehicle without considering the petitioners’ explanation and the material on record. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. On perusal of the record, it can be seen that, under similar circumstances, this Court has directed the authorities to release stock and vehicles pending 6-A proceedings on the petitioners furnishing personal bonds equivalent to the value of the stock. 5. In the present case also, there is no justification for the respondents to retain the stock and the vehicle, particularly when the ownership and source of the rice have been explained and the matter is still pending under Section 6-A proceedings. 6. In view of the above, the impugned proceedings dated 17.10.2025 passed by the 2nd respondent are liable to be set aside. 7. Accordingly, the Writ Petition is allowed, setting aside the impugned proceedings dated 17.10.2025 passed by the 2nd respondent. The 2nd 6 VS,J W.P.No.30453 of 2025 respondent is directed to release the seized stock and the vehicle to the petitioners upon their furnishing personal bonds to the value of the stock, within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 04.11.2025. KGR