APHC010205192020 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: 13410/2020 Between: 1. KUNTAKATTA MASTAN SAHEB,, S/O MABU HUSSAIN, AGED ABOUT 52 YEARS, (OWNER OF VEHICLE (BOLERO) BEARING NO. AP AP 39 TB 2871 HARIVARAM VILLAGE, UYYALAWADA MANDAL, KURNOOL DISTRICT. 2. K. LAKSHMI DEVI, W/O NARASIMHUDU, AGED 30 YEARS, THIMMA REDDY NAGAR, YALLUR VILLAGE, GOSPADU MANDAL, KURNOOL DISTRICT. (OWNER OF SEIZED STOCK, (RICE)) ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLY DEPARTMENT,SECRETERIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE TAHSILDAR, GOSPADU MANDAL, KURNOOL DISTRICT. 4. THE STATE S H O, GOSPADU P.S KURNOOL DISTIRCT ...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 any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent 4 in seized the BOLERO vehicel bearing No. AP 39 TB 2871 and 99 rice bags (each bag weight 50 kgs ) through Panchayathnama dated 1-07-2020 in Cr.No. 184/2020 at Thimma Reddy Nagar, Yallur village, Gospadu Mandal, Kurnool District, under sections 420r/w 34 IPC, 7 (1) of the E.C, Act is wholly illegal, arbitrary , against law and consequentially direct the respondents to set aside the above said Panchayathnama dated 01-07-2020 and pass IA NO: 1 OF 2020 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 please to direct the respondents to release seized BOLERO vehicel bearing No. AP 39 TB 2871 and 99 rice bags (each bag weight 50 kgs ) through Panchayathnama dated; 1-07-2020 in Cr.No. 184/2020 at Thimma Reddy Nagar, Yallur village, Gospadu Mandal, Kurnool District, pending disposal of the writ Petition and pass Counsel for the Petitioner(S): 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue any writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.4 in seizing the BOLERO vehicle bearing No.AP 39 TB 2871 and 99 rice bags (each bag weight 50 kgs) through Panchayathnama dated 10-7-2020, in Cr.No.184/2020 at Thimma Reddy Nagar, Yallur village, Gospadu Mandal, Kurnool District under Sections 420 r/w 34 IPC, 7 (1) of the E.C., Act is wholly illegal, arbitrary, against law and consequentially direct the respondents to set aside the above said Panchayathnama dated 01-07-2020 and pass…” 2. The brief facts of the case are that the petitioner No.2 is running Borugula Batti (Puffed Rice) at Yallur Village, Kurnool District by collecting rice from surrounding villages in exchange with the Borgulu (puffed rice) and for this purpose, the petitioner No.2 engaged the 1st petitioner’s vehicle for transporting the rice collected from the surrounding villages. 3. While so, on 01.07.2020, after collecting rice from the surrounding villages, when the petitioner No.2 was returning from Harivaram to Yallur along with 50 rice bags in a Bolero Vehicle bearing No. AP 39 TB 2871, the respondent No.4, interfered during the transit of the vehicle and seized the said Bolero vehicle along with rice load and also the stock present in the 2nd petitioner’s house alleging that the rice stock is PDS rice. It is further stated that after completing panchanama on 01.07.2020, the Station House Officer, Gosapadu Police Station, Kurnool District has registered FIR No.184 of 2020 for the offences punishable under Section 420 r/w 34 IPC and under Section 7 (1) of the Essential Commodities Act, 1955 and also registered a case under Section 6(A) of the Essential Commodities Act, 1955 against the petitioners. Challenging the same, the petitioners have filed the present writ petition. 4. When the matter came up for admission on 14.08.2020, this Court has passed the following interim order: “…..In that view of the matter, Bolero Vehicle bearing No.AP 39 TB 2871 shall be released to petitioner No.1, who is the owner of the vehicle, on condition of furnishing a self bond for an amount equal to the value of the vehicle to respondent Nos.3 to 4with an undertaking that he will not alienate, alter, mortgage or create any third party rights in respect of the said vehicle. Petitioner No.1 shall also undertake to produce the vehicle as and when required by the authorities.” Further, when the matter came up for hearing on 08.09.2020, this Court has passed the following interim order: “…In the circumstances, the respondents are directed to release the seized stock to the petitioners on furnishing personal security bonds for the amount equivalent to the seized stock.” 5. Heard Sri Ineni Venkata Prasad, learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies appearing for the respondents and perused the material available on record. 6. Today when the matter came up for hearing, learned Assistant Government Pleader for Civil Supplies has furnished a copy of the proceedings issued by the District Supply Officer, Kurnool vide Rc.CS1/EC-69/2020, dated 10.01.2021, through which the seized rice was released in favour of the petitioners on executing personal bonds to the value of the seized stock. Learned Assistant Government Pleader also furnished proceedings issued by the Tahsildar, Gospadu vide Rc.C.962/2020, dated 10.09.2020, through which the vehicle bearing No.AP 39 TB 2871 was released on the petitioners executing personal securities equivalent to the cost of the vehicle. The said release was also endorsed by the petitioner vide acknowledgment dated 20.09.2020. Further, with regard to the proceedings under Section 6(A) of the Essential Commodities Act, 1955, learned Assistant Government Pleader for Civil Supplies has stated that the enquiry is still pending before the respondent No.2/the Joint Collector, Kurnool, Kurnool District. 7. In view of the fact that, in pursuance of the interim order dated 08.09.2020, passed by this Court, as the vehicle and the stock that are seized by the respondent-authorities have been released in favour of the petitioners and as the matter pertains to the year 2020, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the respondent No.2/the Joint Collector, Kurnool, Kurnool District to complete the enquiry, which is pending under Section 6(A) of the Essential Commodities Act, 1955 within a period of two (02) months from the date of receipt of a copy of this Order. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :14.10.2025 SRT 154 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.13410 of 2020 Date: 14.10.2025 SRT