APHC010216032020 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: 14240/2020 Between: 1. KALUGOTLAPALLI DASTAGIRI, S/O DASTAGIRI AGE 59 YEAR R/O CHAGALAMARRI VILLAGE AND MANDAL, KURNOOL DISTRICT. 2. KALUGOTLAPALLI DASTHAGIRAMMA, W/O DASTAGIRI,AGED ABOUT 50 YEARS, BOTH ARE R/O CHAGALAMARRI VILLAGE AND MANDAL,KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTORC S, KURNOOL, KURNOOL DISTRICT. 3. THE TAHSILDAR, , CHAGALAMARRI MANDAL, CHAGALAMARRI, KURNOOL DISTRICT. 4. THE STATION HOUSE OFFICER, CHAGALAMARRI P.S, KURNOOL 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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in initiating proceedings under Section 6A of Essential Commodities Act and not releasing the stocks seized in Crime No. 207/2020 dated 3-6-2020, 241/2020 dt. 15-7-2020 and 247/2020 dt. 24-7-2020 and the vehicle bearing No. AP 21 TD 0505 seized in Crime No. 247/2020 dt. 24-7-2020 as illegal and arbitrary and consequently direct the respondents to release the stocks sized in Crime No. 207/2020 dated 3-6-2020, 241/2020 dt. 15-7-2020 and 247/2020 dt. 24-7- 2020 and the vehicle bearing No. AP 21 TD 0505 seized in Crime No. 247/2020 dt. 24-7-2020, 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 pleased to direct the respondents to release the stocks seized in Crime No. 207/2020 dated 3-6-2020, 241/2020 dt. 15-7-2020 and 247/2020 dt. 24-7- 2020 and the vehicle bearing No. AP 21 TD 0505 seized in Crime No. 247/2020 dt. 24-7-2020 pending disposal of the above Writ petition, and pass Counsel for the Petitioner(S): 1. P GANGA RAMI REDDY 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in initiating proceedings under Section 6A of Essential Commodities Act and not releasing the stocks seized in Crime No.207/2020 dated 3-6-2020, 241/2020 dated 15-7-2020 and 247/2020 dated 24-7- 2020 and the vehicle bearing No.AP 21 TD 0505 seized in Crime No.247/2020 dated 24-7-2020 as illegal and arbitrary and consequently direct the respondents to release the stocks sized in Crime No.207/2020 dated 3-6-2020, 241/2020 dated 15-7-2020 and 247/2020 dated 24-7-2020 and the vehicle bearing No.AP 21 TD 0505 seized in Crime No.247/2020 dated 24-7-2020 7and pass…” 2. The brief facts of the case are that the petitioners produce puffed rice i.e., Borugulu/Murmura by using paddy rice as raw material, which is procured from the surrounding villages viz., Sittuveedu, Gonipeta, Chagalamarri, Mutyalapadu. 3. While so, on 03.06.2020, 15.07.2020 and 24.07.2020, the respondent No.4 had inspected the petitioners’ premises and seized the available stock and a vehicle bearing No.AP 21 TD 0505 and registered three cases in Crime Nos.207, 241 and 247 of 2020 for the offences punishable under Section 420 IPC and under Section 7(1) of the Essential Commodities Act, 1955. Subsequently, the respondent No.3 had submitted report to the respondent No.2, seeking for initiation of confiscation proceedings against the petitioners, pursuant to which, the respondent No.2 initiated proceedings under Section 6-A of the Essential Commodities Act, 1955, to confiscate the seized stock and the vehicle. The grievance of the petitioners is that without there being any complaint from any third party or from whomsoever concerned, the respondent authorities have high handedly seized the petitioners’ stock and vehicle registered in the name of the 2nd petitioner and initiated the proceedings under Section 6-A of the Essential Commodities Act, 1955 Challenging the same, the petitioners have filed the present writ petition. 4. When the matter came up for admission on 01.09.2020, this Court has passed the following interim order: “…There shall be an interim direction to the respondents to release the seized vehicle bearing No.AP 21 TD 0505 and also the materials/commodities seized, subject to the petitioners executing a personal bond for the value of the seized vehicle and the stock. The petitioners shall also give proof of ownership and an undertaking that they will not alienate the vehicle or alter its nature or create any encumbrance over the pending the disposal of the writ petition.” 5. Heard Sri P.Ganga Rami Reddy, 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-81/2020, dated 23.12.2021, through which the seized rice was released in favour of the petitioners on executing personal bonds to the value of the seized stock. Further, in pursuance of the Interim Order dated 01.09.2020, passed by this Court, on execution of the personal bond by the petitioners equivalent to the value of the seized vehicle, the Station House Officer, Chagalamarri Police Station has released vehicle bearing No. AP 21 TD 0505, in favour of the petitioners on 15.09.2020 and the said release was also endorsed by the petitioners vide acknowledgment dated 15.09.2020. Further, learned Assistant Government Pleader for Civil Supplies has stated that with regard to the proceedings under Section 6(A) of the Essential Commodities Act, 1955, 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 01.09.2020, 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, 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 155 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.14240 of 2020 Date: 14.10.2025 SRT