APHC010503582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26297/2025 Between: 1. A SIVA PRASAD, S/O. CHINNA VEERAIAH, AGED ABOUT 46 YEARS, OCC- PROP, OF SRI MANJUNATHA RIEE MILL, D.NO.2/1066, PEDDAPASUPULA ROAD, JAMMALAMADUGU TOWN AND MANDAL, YSR KADAPA DISTRIET. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE JOINT COLLECTOR, CIVIL SUPPLIES DEPARTMENT, KADAPA, YSR DISTRICT. 3. THE TAHSILDAR, CHAPADU MANDAL, YSR DISTRICT. 4. THE ENFORCEMENT DEPUTY TAHSILDAR, PRODDATUR, YSR KADAPA 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 suspend the orders vide Ref.No.I(3)/221/2025, dated- 21-08-2025 passed by the 2nd respondent by directing the respondents to release the stock i.e., 660 bags of rice in favour of the Petitioner, by furnishing third Party Security , for value of seized stock, pending disposal of the above Writ Petition and to pass 2 VS,J W.P.No.26297 of 2025 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 suspend the orders vide Ref.No.I(3)/221/2025, dated: 21-08- 2025 passed by the 2nd respondent by directing the respondents to release the stock i.e., 660 bags of rice in favour of the Petitioner, by furnishing third Party Security, for value of seized stock, pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. POPURI LAKSHMI PRIYANVITA Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.26297 of 2025 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus challenging the orders vide Ref.No.I(3)/221/2025, dated- 21-08-2025 passed by the 2nd respondent by directing the seized stock of 660 plastic bags of Rice is ordered to be confiscated and imposed fine of Rs.1,38,000/- on the owner of the vehicle bearing No.AP04-TW- 7840 is illegal, arbitrary and set aside the same and consequently direct the respondent authorities to release the seized stock i.e., 660 bags of rice weight about 30,000 kgs in favour of the petitioner .…” 2. The brief facts of the case are as follows: a) The petitioner is running a rice mill and doing wholesale rice business at Door No.2/1066, Peddapasupala Road, Jammalamadugu Town and Mandal, YSR Kadapa District, under the name and style of “Sree Manjunatha Rice Mill”. The petitioner operates the said business with the required permission from the concerned departments and without any deviations. b) The petitioner participated in E-Auction conducted by the Food Corporation of India, Bangalore on 26.12.2024, 27.12.2024 and 22.01.2025 and purchased 600 MTs of fortified Rice. The petitioner received the same through Release Orders vide No.RO/63179/1206855, dated 28.12.2024, RO/63179/1207032, dated 30.12.2024 and RO/63179/1220656, dated 24.01.2025. The said rice was transported to the petitioner’s rice mill between 4 VS,J W.P.No.26297 of 2025 02.01.2025 and 10.01.2025 through Truck Sheets as per the release orders from the Karnataka State. The Enforcement Dy.Tahsildar, Jammalamadugu verified and certified the stock entries in the petitioner’s stock register. c) The 4th respondent, along with his staff, conducted a vehicle check at Yeture Canal, NH Road of Viswanathapuram Chapadu Mandal, YSR Kadapa District on 19.04.2025 at about 8.30 a.m. A lorry bearing registration No.AP04- TW-7840, carrying 660 plastic bags of rice, was found. The 4th respondent seized the said rice and the vehicle, alleging that the rice was Public Distribution System (PDS) rice, and handed over the stock to the 3rd respondent, while the vehicle was retained in the custody of the Station House Officer, Chapadu Police Station. d) On 18.04.2025, the petitioner sold 660 plastic bags of rice (300 quintals) to M/s N.N.Enterprises, Bangalore to be delivered at Chennai through Invoice No.17, dated 18.04.2025 and Way Bill No.102093146767, dated 18.04.2025. The said rice forms part and parcel of the fortified rice purchased by the petitioner in the public auction conducted by the F.C.I., Bangalore. The invoice clearly mentioned at the column “Name of the Commodity” is 300 Quintals of fortified Raw Rice along with the FCI R.O. numbers. e) Challenging the seizure of 300 quintals of rice and the lorry bearing registration No. AP04-TW-7840 the petitioner filed W.P.No.13232 of 2025, which was disposed of by this Court directing the respondents to pass 5 VS,J W.P.No.26297 of 2025 appropriate orders on the pending 6A proceedings pending before the Joint Collector, Civil Supplies Department, YSR Kadapa District/2nd respondent herein within four (4) weeks, after giving a reasonable opportunity to the petitioner. f) The case of the petitioner is that, though he submitted an explanation before the 2nd respondent explaining that the seized stock is purchased by him in an auction conducted by the Food Corporation, Bangalore. However, without considering the explanation and without conducting any inquiry in the presence of the Enforcement Dy.Tahsildar, the inspecting authorities, Tahsildar, Badvel cardholders of Fair Price Shops, or verifying the records filed by the petitioner, the 2nd respondent passed the impugned order Ref. No. I(3)/221/2025 dated 21.08.2025, ordering confiscation of 100% value of the seized stocks to the State under Section 6-A of the Essential Commodities Act, 1955, and imposed a fine of Rs. 1,38,000/- on the owner of the lorry bearing registration No. AP07-TW-7840. Challenging the said impugned order, the present writ petition is filed. 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies. 4. On perusal of the record, it is observed that the Joint Collector, YSR Kadapa District has already passed final orders on 21.08.2025, ordering confiscation of 100% value of the seized stocks to the State under Section 6-A of the Essential Commodities Act, 1955, imposed a fine of Rs. 1,38,000/- on 6 VS,J W.P.No.26297 of 2025 the owner of the lorry bearing registration No. AP07-TW-7840. The petitioner was informed that they may prefer an appeal before the District & Sessions Court, Kadapa within 30 days from the date of receipt of the said order. 5. Learned counsel for the petitioner has submitted that, in view of the final orders passed by the Joint Collector under Section 6-A of the Essential Commodities Act, 1955, the petitioner proposes to avail the statutory remedy available under Section 6-C of the said Act. Accordingly, requested this Court to permit the petitioner to approach the appellate authority i.e., the District and Sessions Court, Kadapa under Section 6C of the Essential Commodities Act, 1955 for redressal of his grievance. 6. In view of the above, the Writ Petition is disposed of. The petitioner is at liberty to approach the appellate authority within a period of one week from the date of receipt of a copy of this order. On such appeal, the appellate authority shall consider the appeal preferred by the petitioner in accordance with law, without raising any objection on the ground of limitation. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 14.10.2025 KGR