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2025 DAILYLAW 51776 (AP)

P MARUTHI PRASAD v. THE STATE OF AP

WP/16111/2020 · 2025-10-06

V Sujatha

body2025

Judgment text

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APHC010245102020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16111/2020 Between: 1. P MARUTHI PRASAD, FATHER NAME. SINGAIAH, AGE. 53, PROPRIETOR OF M/S. KRISHNA SAI RICE MILL, MADDURU PADU VILLAGE, KAVALI MANDAL, SPS NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPS NELLORE DISTRICT. 3. THE ASSISTANT SUPPLY OFFICER, KAVALI, 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 toTo 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 729.545 mts of mill paddy and 30.382 mts of broken rice from the mill of the petitioner as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and also declare that the order Rc.B2.310/2020, dt.02.09.2020 passed by the District Collector SPS Nellore District, the 2nd respondent herein as illegal, arbitrary and unsustainable and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure and to 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 To direct the respondents to release 729.545 mts of mill paddy and 30.382 mts of broken rice to the petitioner by suspending the order Rc.B2.310/2020, dt.02.09.2020 passed by the District Collector SPS Nellore District, the 2nd respondent herein, pending disposal of the above writ petition and to pass IA NO: 1 OF 2021 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 vacate the interim orders dated 10-09-2020 passed in Ia. 1/2020 in WP. 16111/2020 and dismiss the writ petition Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.16111 of 2020 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 729.545 mts of mill paddy and 30.382 mts of broken rice from the mill of the petitioner as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and also declare that the order Rc.B2.310/2020, dt.02.09.2020 passed by the District Collector SPS Nellore District, the 2nd respondent herein as illegal, arbitrary and unsustainable and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure and to pass…” 2. When the matter came up for admission on 10.09.2020, this Court passed the following interim order:- “In view of the same, as an interim measure, the respondents are directed to release 729.545 mts of paddy and 30.382 mts of broken rice seized from the mill of the petitioner, on his furnishing personal bond to the extent of 30% of seized stock value i.e., Rs.4,18,40,965/-.” 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for respondents. 4. During the course of arguments, it is brought to the notice of this Court that in pursuance of the interim order granted on 10.09.2020, the District Collector, SPS Nellore passed final orders in 6-A proceedings vide Rc.B2.310/2020, dated 06.03.2023 by confiscating 3% (Rs.4,15,286/-) of seized miller own paddy worth of Rs.4,15,286/- in favour of the Government. 5. In view of the same, this Court is of the opinion that no further adjudication is required in the writ petition. 6. Accordingly, the Writ Petition is closed. No order as to costs As a sequel, miscellaneous applications, pending, if any, shall also stand closed. _______________________ JUSTICE V.SUJATHA Date :07.10.2025 TVN 687 THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.16111 OF 2020 Date: 07.10.2025 TVN