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2025 DAILYLAW 51199 (AP)

SRI KRISHNA MODEN RICE MILL, SRIKAKULAM DIST v. STATE OF AP & 4 OTHERS

WP/27735/2017 · 2025-10-05

V Sujatha

body2025

Judgment text

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APHC010475212017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27735/2017 Between: 1. SRI KRISHNA MODEN RICE MILL, SRIKAKULAM DIST, TOLUSURUPALLI, TEKKALI TOWN AND MANDAL, SRIKAKULAM DISTRICT, REP. BY ITS PROPRIETOR R. KRISHNAVENI. ...PETITIONER AND 1. STATE OF AP 4 OTHERS, REP. BY ITS SECRETARY FOOD, CIVIL SUPPLIES & CONSUMER AFFAIRS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTORCUME O E D A P, STATE CIVIL SUPPLIES CORPORATION LTD., SRIKAKULAM, SRIKAKULAM DISTRICT. 3. THE A P STATE CIVIL SUPPLIES CORPORATION LTD, SRIKAKULAM, REP BY ITS DISTRICT MANAGER. 4. THE TAHSILDAR, TEKKALI MANDAL, SRIKAKULAM DISTRICT. 5. JAMI RAMANAYYA, S/O LATE THAVUDU, AGED ABOUT 55YEARS, OCC: BUSINESS, PROPRIETOR OF SRI VIJAYALAKSHMI MODERN RICE MILL, TEKKALI TOWN AND MANDAL, SRIKAKULAM 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 2 VS,J W.P.No.27735 of 2017 the petitioner rice mill on 21.03.2017 as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under apart from the provisions of Sec.100 Cr.P.C. and further inaction of respondent Nos. 2 to 4 in releasing the petitioner mill and handing over the keys to the petitioner as also illegal, arbitrary and unsustainable and consequently direct the respondents to open the locks of the petitioner rice mill and hand over the keys, which are in the hands of the 5th respondent, to the petitioner along with mill registers etc., and to pass such other order or orders in the interests of justice. IA NO: 1 OF 2017(WPMP 34454 OF 2017 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 open the locks of the petitioner rice mill and hand over the keys, which are in the hands of the 5th respondent, to the petitioner along with mill registers etc., pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. MD.SALEEM SC For APSCSC Limited, Vijayawda 2. GP FOR CIVIL SUPPLIES (AP) 3. V SUDHAKAR REDDY The Court made the following: 3 VS,J W.P.No.27735 of 2017 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 the petitioner rice mill on 21.03.2017 as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under apart from the provisions of Sec.100 Cr.P.C. and further inaction of respondent Nos. 2 to 4 in releasing the petitioner mill and handing over the keys to the petitioner as also illegal, arbitrary and unsustainable and consequently direct the respondents to open the locks of the petitioner rice mill and hand over the keys, which are in the hands of the 5th respondent, to the petitioner along with mill registers etc..…” 2. When the matter came up for admission on 25.10.2017, this Court passed the following interim order: “…there shall be a direction to the respondents 3 and 4 to de- seal the rice mill forthwith, pending further orders in the writ petition.” 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. During hearing, learned counsel for the petitioner has stated that as the said interim order has not been complied with by the respondents, the petitioner was constrained to file C.C.No.2728 of 2017. However, pending the said contempt case, the respondents have complied with the interim order passed by this Court on 25.10.2017. 5. In view of the same, this Court is of the opinion that no further orders are necessary in the present writ petition. 4 VS,J W.P.No.27735 of 2017 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 06.10.2025 KGR