IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice kiranmayee mandava WRIT PETITION NO: 2708 OF 2025 Between: Sri Ramaiah Setty Raghunatha Setty, S/o. Ramaiah Proprietor of PRS Agro Tech, Plot No.02, i Village, Bangarupeta Kolar District, Karnataka State. aged about 58 years Industrial Estate, Soregowdanakote ...PETITIONER AND 1. The State of Andhra Pradesh Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi Guntur District. , Amaravathi, 2. The Joint Collector, Kadapa, YSR District. 3. The Tahsildar, Sidhout, Sidhout Mandal, YSR District. ...RESPONDENTS Petition under Article 226 of the Constitution that in the circumstances stated i Court may be pleased to i particulary one in the nature of WRIT of India is filed praying in the affidavit filed therewith, the High issue an appropriate writ order or direction more OF MANDAMUS directing the - stocks i.e., 23475 kgs of rice 15.02.2022 to the petitioner as illegal. respondents to return the confiscation of the in ref. No. CS(1)/367/2021, dated improper arbitrary and without any power of authority under law and violation of Articles of 14 and 19(1) (g) ' contrary to the provisoins of Essential Commodities orders made there under of the constitution of India and Act, 1955 and the consequently direct the respondent authorities release the sezied stock to the petitioner. to lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the , ’Gircumstances stated in the affidavit filed in support of the petition, the ' ^ High Court may be pleased to direct the respondents to release the confiscation of the stock i.e., 23,475 kgs of rice in favour of the Petitioner in Ref. No. CS(1)/367/2021, dated 15.02.2022 disposal of the above Writ Petition: as per orders pending Counsel for the Petitioner :SRI. SHAIK MEERAVALI Counsel for the Respondent No’s. 1 to 3: GP FOR CIVIL SUPPLIES The Court made the following ORDER: APHC010045442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2708/2025 Between: Sri Ramaiah Setty Raghunatha Setty ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: I.Shaik Meeravali Counsel for the Respondents: 1.GP for Civil Supplies The Court made the following order: The writ petition is filed seeking a direction to the respondents to return the stock of 23475 kgs of rice, which had been confiscated on 15.02.2022. Heard Sri Shaik Meeravali, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies appearing for the 2. respondents. 3. The petitioner is a wholesale dealer in rice in Karnataka. It is contended that on 06.07.2021, the Police of Sidhout inspected the petitioner's vehicle at Bhakarapeta Forest Check Post and seized 500 bags of rice and the vehicle " ■ M bearing No.AP 04 TT 5355. The police registered a case in Crime No. 152 of 2021 under Section 420 IPC and Section 7(1) of the Essential Commodities Act against the petitioner and three others. 4. It is further contended that the petitioner was acquitted of the charges in C.C.No.205 of 2021 on 28.11.2022. However, the 2nd respondent-Joint Collector, had confiscated 100% of the seized stock's value and imposed a fine of Rs.60,000 on 15.02.2022, under Section 6-A of the Essential Commodities Act, 1955. 5. The petitioner challenged the said order and filed Crl.A.No.04 of 2023, but the Principal Sessions Judge, Kadapa, dismissed the appeal 14.02.2024. Subsequently, the petitioner filed an application on 21.06.2024 seeking the release of the seized stock, but no orders have been passed the said application despite 06 months having lapsed. Learned counsel for the petitioner relies on the decision of this Court in W.P.No.13778 of 2005 {Talupula Venkata Siva Rao @ Siva Rao \/s. The Joint Collector, Kadapa), wherein it was held that after the conclusion of proceedings under Section 6-C(2) of the Act, the petitioner is entitled to a refund of the value of the commodities seized pending 6-A proceedings. Since the petitioner was acquitted in C.C.No.205 of 2021, the learned counsel argues that the petitioner is entitled to a refund of the value of the seized stock. on on 6. 7. Learned Assistant Government Pleader for Civil Supplies submitted that the application filed by the petitioner on 21.06.2024 is pending for disposal before the Joint Collector, and no orders have been passed on the said application. 8. He further contended that the petitioner appealed against the confiscation order passed by the Joint Collector to the Principal District Judge, Kadapa, and said the appeal was dismissed, and the confiscation order has become final. Consequently, in light of the order of confiscation, the petitioner is not entitled to seek the return of the seized stock or its value. Considered the rival submissions. This Court is of the considered view that the application filed by the petitioner before the Joint Collector, seeking the release of the seized stock .i.' its value, pursuant to his acquittal vide order in C.C.No.205 of 2021, is pending for consideration. The 2""' respondent is directed to dispose of the application filed on 21.06.2024 within 3 months from receipt of this order in accordance with law after providing a sufficient opportunity for a personal hearing to the petitioner. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 9. 10. or 11. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Civil Supplies Department, State Of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. % 2. The Joint Collector, Kadapa, YSR District. 3. The Tahsildar, Sidhout, Sidhout Mandal, YSR District. 4. One CC to SRI. SHAIK MEERAVALI Advocate [OPUC] 5. Two CCs to GP FOR CIVIL SUPPLIES, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies PRK ft high court DATED:05/02/2025 ORDER WP.No.2708 of 2025 Of AND/#j O. * 0 7 MAR 2025 •i a to . Current Section DISPOSING OF THE W.P. WITHOUT COSTS