1 VS,J WP.No.32720 of 2025 APHC010617182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32720/2025 Between: 1. PASUMARTHY KAMA RAJU, S/O. RAM MURTHY, PROPRIETOR, M/S PASUMARTHY ADINARAYANA AND SONS (BRANCH), CHODAVARAM- 531036 VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMRAVATI 2. THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, , ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH 3. THE MANDAL AGRICULTURAL OFFICER, CHODAVARAM MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH ...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 topleased to issue a Writ of Mandamus declaring the interim order of the Joint Collector, Anakapalli, dated 06-08-2025 in Case No.87/2025-SA-5 2 VS,J WP.No.32720 of 2025 and interim order under Section 6A(2) of the Essential Commodities Act, 1955 as illegal, arbitrary, and void, being contrary to Sections 6A and 6B of the Act, Clause 35 of the FCO, and violate of Articles 14 and 300-A of the Constitution of India And consequently Set aside the impugned orders of seizure anddisposal of 150 bags of MOP Mosaic fertilizer valued at Rs.2, 38,500/- and pass such other order or orders as may be deemed fit in the interests ofjustice. 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 Stay all further proceedings pursuant to the impugned order dated 06-08-2025 in Case NO.87/2025-SA-5, including any action to dispose of the fertilizer stock seized from the petitioner and direct the respondents to return the seized fertilizer stocks or the sale proceeds thereof to the Petitioner, pending final adjudication of the Writ petition and pass Counsel for the Petitioner: 1. HARANADHA RAJU KATTA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J WP.No.32720 of 2025 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue a Writ of Mandamus declaring the interim order of the Joint Collector, Anakapalli, dated 06-08-2025 in Case No.87/2025-SA-5 and interim order under Section 6A(2) of the Essential Commodities Act, 1955 as illegal, arbitrary, and void, being contrary to Sections 6A and 6B of the Act, Clause 35 of the FCO, and violate of Articles 14 and 300-A of the Constitution of India And consequently Set aside the impugned orders of seizure and disposal of 150 bags of MOP Mosaic fertilizer valued at Rs.2, 38,500/- and pass” 2. The petitioner is a registered fertilizer dealer and possesses a valid license under Fertilizer (Control) Order, 1985. On 16.07.2025, the 3rd respondent, along with Vigilance and Enforcement officials have conducted inspection over the petitioner’s business premises and on comparing the stock register with the available ground balance, the inspecting officials found certain variation and seized 150 bags of MOP Mosaic fertilizer, each bag weighing 50 kilograms, worth Rs.2,38,500/- and deposited the same in the safe custody of M/s. Roja Traders, Bolla street, Chodavaram village and mandal, Anakapalli district. 3. Subsequently, the 1st respondent issued a show cause notice dated 06.08.2025 to the petitioner under Section 6B of the Essential Commodities Act, 1955 and on the same day, vide separate proceedings bearing 4 VS,J WP.No.32720 of 2025 CC.No.87/2025/SA-5, the 3rd respondent was directed to dispose of the seized stock to the farmers and to deposit the sale proceeds realized into Revenue Deposits. Aggrieved by the aforesaid action of the respondent authorities, the petitioner has filed the present petition. 4. Heard Sri. K. Haranadha Raju, learned counsel for the petitioner and learned Government Pleader for Civil Supplies. 5. Today when the writ petition came up for hearing, learned Government Pleader has furnished a letter addressed by the 3rd respondent wherein it is stated that subsequent to issuing of the show cause notice dated 06.08.2025, the 2nd respondent has issued another show cause notice on 26.09.2025 which was served to the petitioner on 01.10.2025, stating that as part of the interim disposal under Section 6-A(2) of the Essential Commodities Act, the 3rd respondent was directed to take possession of the seized stock from the custodian and to dispose of the same to the farmers at a fixed rate and to deposit the sale proceeds realized into revenue deposits. 6. It appears from the above instructions that till date, the seized stock was not put for sale as directed by the 2nd respondent and in view of the same, instead of keeping the writ petition pending, there shall be a direction to the petitioner to submit an application to the 2nd respondent for release of the seized stock within a period of two (2) days from the date of receipt of a copy of this order and on receipt of such application, within a period of one (1) 5 VS,J WP.No.32720 of 2025 week, the 2nd respondent shall consider the same in accordance with law and shall release the seized stock of the petitioner upon furnishing bank guarantee equivalent to the value of the seized stock. Till such time, the respondent Nos.2 and 3 shall not proceed further with disposal of the seized stock to the farmers. 7. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V. SUJATHA Date:01.12.2025 Gss