IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2331 OF 2025 Between: Shaik Basha, S/o. Nagoor Meeravali, aged 34 years, R/o.Tummalacheruvu Village, Tharlapadu Mandal, Prakasam District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Consumer Affairs Food and Civil Supplies, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. The Collector (CS), Prakasam District at Ongole. The Enforcement Deputy Tahsildar, Peddaraveedu Mandal, Prakasam District. The Station House Officer, Peddaraveedu Police Station, Peddaraveedu Mandal, Prakasam District. 1. 2. 3. 4. ...RESPONDENTS 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 issue a writ order or orders more particularly one in nature of writ of mandamus declaring the action of the 2"'"^ Respondent in issuing Notice in RC.CS1/6A/99/2024, dated 03-01-2025, directing the petitioner to furnish bank guarantee for Rs.2,00,000/- for releasing the vehicle Ashok Layland Bada Dost bearing No. AP39 UN 5262, is illegal, arbitrary, violation of Articles 14 and 21 of the Constitution of India and consequently set aside the Notice in Rc.CS1/6A/99/2024, dated 03-01-2025, by directing the respondents to release the vehicle Ashok Leyland Bada Dost carriage r r bearing No AP 39 UN 5262, on furnishing 3'^^ party immovable property security as a surety. \ ■f lA 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 Notice in Rc.CS1/6A/99/2024, dated 03-01-2025; by directing the respondents to release the vehicle Ashok Leyland Bada Dost carriage bearing No AP 39 UN 5262, on furnishing the 3RD party immovable property security as a surety by the petitioner, pending disposal of the above writ petition. ♦ Counsel for the Petitioner: SRI MADHAVA RAO NALLURI Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER jiBrIfe— 1 APHC010043622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2331/2025 [3459] Between: ...PETITIONER Shaik Basha AND ...RESPONDENT(S) The State of AP and Others Counsel for the Petitioner: 1.MADHAVA RAO NALLURl Counsel for the Respondent{S): 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES The Court made the following: ORDER: The present Writ Petition is filed questioning the proceedings respondent vide Rc.CS1/6A/99/2024, dated 03.01.2025, by directing the petitioner herein to furnish a bank guarantee of Rs.2,00,000/-, for releasing the seized vehicle i.e.. nd issued by the 2 2 Ashok Leyland Bada Dost carriage bearing registration No.AP 39 UN 5262. 2. Heard learned counsel material available on record. on both sides and perused the 3. The petitioner has purchased the vehicle bearing registration No.AP 39 UN 5262, by way of Sale Agreement from and eking out his livelihood by transporting vehicle. On 01.10.2024. the driver of the waiting at Yerragondapalem Bus Stand Shaik Munna goods in the said petitioner’s vehicle was Centre, a stranger approached him to transport rice bags from Yerragondapalem Markapuram open market. The petitioner has to agreed to transport the rice bags for a hire of Rs.1500/-. When the vehicle was proceeding towards Markapuram Tahsildar intercepted the vehicle respondent No.3/Deputy near Devarajugattu flyover junction and inspected the vehicle, and found that the vehicle was transporting Public Distribution System (PDS) rice and accordingly, seized the rice and vehicle. 4. Thereafter, the Petitioner approached the Joint release the vehicle Collector to wherein the impugned order vide Rc.CS1/6A/99/2024, dated 03.01.2025 petitioner herein to furnish a bank was passed directing the guarantee of Rs.2,00,000/- from 3 any authorized Bank, with a validity of three (03) years in favour of the Joint Collector, Prakasam and to submit the same, within a period of seven (07) days, for release of the vehicle. Challenging the same, the present Writ Petition is filed. Learned counsel for the petitioner submits that neither the petitioner nor the driver of the vehicle had knowledge about the PDS rice. The driver of the vehicle has agreed to transport the rice He would further submit that the 5. on believing the stranger, petitioner and his family members are solely depending on the income derived from said vehicle. The petitioner is put to irreparable loss in view of the seizure of the vehicle. Learned counsel for the petitioner further submits that the 2 respondent vide notice dated 03.01.2025 directed the petitioner to obtain Bank Guarantee of Rs.2,00,000/- for releasing the vehicle. Due to his poor financial condition, he is not in a position to produce bank guarantee and states that the petitioner is ready to produce immovable third party security, for the said amount and prayed to release the vehicle No.AP 39 UN 5262. Considering the submissions made by the petitioner and by taking his financial position into consideration, this Court feels it appropriate to release the vehicle by directing the petitioner to nd 6. 7. 4 submit a third party immovable security before the Joint Collector, Prakasam District within a period of two (02) weeks from the date of receipt of copy of this order. On production of 3'"^ party immovable security, the 2"'^ respondent shall consider and pass orders, as per law, within a period of two (02) weeks, thereafter. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. 8. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SEi OFFICER To, 1. The Principal Secretary, Consumer Affairs Food and Civil Supplies, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Collector (CS), Prakasam District at Ongole. 3. The Enforcement Deputy Tahsildar, Peddaraveedu Mandal, Prakasam District. 4. The Station House Officer, Peddaraveedu Police Station, Peddaraveedu Mandal, Prakasam District. 5. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:07/03/2025 ORDER WP.No.2331 of 2025 52^ X 2 7 MAR 2025 Co/< ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS