APHC010694272025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36186 Between: 1. KANDULA JAYA BABU, S/O, LATE UMA MAHESWARA RAO, AGED ABOUT 57 YEARS, D. NO. 3/365, ABBAS PANJA ROAD MACHILIPATNAM, KRISHNA DISTRICT. 521001 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522237 2. THE JOINT COLLECTOR, , MACHILIPATNAM, KRISHNA DISTRICT. 521001 3. THE REVENUE DIVISIONAL OFFICER, MACHILIPATNAM DIVISION, KRISHNA DISTRIC 4. THE TAHSILDAR, MACHILIPATNAM DIVISION, KRISHNA DISTRICT. 521001 Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36186 OF 2025 KANDULA JAYA BABU, S/O, LATE UMA MAHESWARA RAO, AGED ABOUT 57 YEARS, D. NO. 3/365, ABBAS PANJA ROAD MACHILIPATNAM, KRISHNA DISTRICT. 521001 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522237 THE JOINT COLLECTOR, , MACHILIPATNAM, KRISHNA DISTRICT. THE REVENUE DIVISIONAL OFFICER, MACHILIPATNAM DIVISION, KRISHNA DISTRICT. 521001 MACHILIPATNAM DIVISION, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: Counsel for the Respondent(S): GP FOR CIVIL SUPPLIES IN THE HIGH COURT OF ANDHRA PRADESH [3333] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA KANDULA JAYA BABU, S/O, LATE UMA MAHESWARA RAO, AGED ABOUT 57 YEARS, D. NO. 3/365, ABBAS PANJA ROAD ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL AFFAIRS AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE JOINT COLLECTOR, , MACHILIPATNAM, KRISHNA DISTRICT. THE REVENUE DIVISIONAL OFFICER, MACHILIPATNAM DIVISION, MACHILIPATNAM DIVISION, KRISHNA DISTRICT. ...RESPONDENT(S): THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36186 OF 2025 ORDER:- The present Writ Petition is filed questioning the action of the Respondent No.2 in not disposing the representation made by the Petitioner on 26.11.2025 for release of seized stocks in respect of 400 bags of rice, total valued at Rs. 8,60,000/- as illegal and arbitrary. 2. The Petitioner is a Rice Miller and running a business under the name and style of “Kali Rice and Jyothi General Merchant” and have been carrying on wholesale and retail rice business for the past several years. The Petitioner has also operated a rice mill on lease under the name and style of “Sri Balaji Rice Mill”. 3. While things stood thus, on 07.10.2025, the Vigilance and Enforcement Officer, Vijayawada conducted an inspection of the Petitioner’s residential premises and during the course of said inspection, 400 bags of rice, each weighing 50 Kgs, about 200 quintals each 1 Kgs Rs. 43/-. Total valued at Rs. 8,60,000/-. The said stock was seized on the spot and a recommendation was made for initiation of proceedings under Section 6-A of the Essential Commodities Act, 1955 including the registration of a criminal case. Subsequently, the seized stock was entrusted for safe custody to M/s NVSN Rice Mill, Godupupeta, Machilipatnam. Pursuant to that, the Inaguduru Police Station, Machilipatnam, registered a case in Crime No.179 of 2025, dated 08.10.2025 for the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita and Section 7 of the Essential Commodities Act, 1955. Pending proceedings under Section 6-A Essential Commodities Act, 1955, the Petitioner has submitted a representation requesting for release of stock on 26.11.2025 before the Respondent No.2, as no orders were passed on the said representation, the present Writ Petition is filed. 4. Heard learned counsel for the Petitioner as well as learned Assistant Government Pleader for Civil Supplies. 5. Learned Assistant Government Pleader on oral instructions submitted that the Petitioner is a habitual offender, but however, admitted that as on date no orders are being passed on the representation dated 26.11.2025 submitted by the Petitioner. 6. In view of the fact that the Petitioner already submitted a representation to the Respondent No.2 dated 26.11.2025 for release of the seized stock, this Court feels it appropriate to dispose of the Writ Petition without touching the merits of the case. 7. Accordingly, the Writ Petition is disposed of, directing the Respondent No.2 to consider the representation of the Petitioner dated 26.11.2025 and pass appropriate orders in accordance with law within a week from the date of receipt of a copy of this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 31.12.2025 KK