APHC010060262022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3841/2022 Between: 1. KANDULA BAPUJI, S/O.UMAMAHESWARA RAO, AGED ABOUT 57 YEARS, OCC.BUSINESS, R/O. D.NO.5/213-1, JAVVARUPET, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - CIVIL SUPPLIES, SECRETARIAT, AMARAVATHI AT VELAGAPUDI, GUNTUR DISTIRICT. 2. THE COLLECTOR CS, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE TAHSILDAR, MACHILIPATNAM MANDAL, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE STATION HOUSE OFFICER, BANDAR TALUK POLICE STATION, MACHILIPATNAM, KRISHNA 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 to to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 4 and 5 in seizing the 615.45 quintals of rice at Sri Balaji Rice Mill, S.N.Gollapalem, Bandar Mandal, Krishna District though the petitioner placed the relevant bills and without conducting proper test with quality technicians of the Food Corporation of 2 VS,J W.P.No.3841 of 2022 India or any other qualified persons as illegal, arbitrary and violation of Articles 19, 21 of the Constitution of India and consequently direct the respondents to conduct the test on the seized stock of 615.45 quintals of rice with quality technicians and other qualified persons in the presence of the petitioner and pass IA NO: 1 OF 2022 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 grant interim direction directing the respondents to conduct the test with quality technicians or any other qualified persons for determination of the rice seized under the mediators report dated 30.1.2022 in the presence of the petitioner, pending disposal of the above writ petition, and pass IA NO: 1 OF 2023 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 permit receive counter affidavit on record by allowing the leave petition in the above writ petition Counsel for the Petitioner: 1. B V ANJANEYULU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.3841 of 2022 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 4 and 5 in seizing the 615.45 quintals of rice at Sri Balaji Rice Mill, S.N.Gollapalem, Bandar Mandal, Krishna District though the petitioner placed the relevant bills and without conducting proper test with quality technicians of the Food Corporation of India or any other qualified persons as illegal, arbitrary and violation of Articles 19, 21 of the Constitution of India and consequently direct the respondents to conduct the test on the seized stock of 615.45 quintals of rice with quality technicians and other qualified persons in the presence of the petitioner and pass….” 2. Brief facts of the case are that the petitioner herein is trader of paddy, rice and pulses and has been in the said business since 2013. The petitioner took „Sri Balaji Rice Mill‟ on lease in the year 2021 and used to store rice purchased by him in the said mill. On 30.01.2022, the 4th respondent inspected the said mill, alleged that the rice stored by the petitioner is PDS rice and seized 616.45 quintals of the same, without conducting any test whether it is PDS rice. Thereafter, a case was registered against the petitioner in Crime No.61 of 2022 on 30.01.2022. Aggrieved by the seizure effected by the respondent authorities, the present petition is filed. 3. When the writ petition came up for hearing on 23.02.2022, this Court has passed the following order: 4 VS,J W.P.No.3841 of 2022 “For the reasons stated in the affidavit filed in support of the Writ Petition, there shall be an interim order as prayed for in IA No.1 of 2022 and the respondents are directed to conduct the test with quality technicians or any other qualified persons for determination of the rice seized under the mediators report dated 30.01.2022 in the presence of the petitioner, as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order.” 4. Heard Sri. B.V. Anjaneyulu, learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. Today when the writ petition came up for hearing, learned Assistant Government Pleader has furnished a copy of the order passed by the Collector (CS), Krishna, Machilipatnam on 29.08.2023 in E.C.P. 33 of 2022 which was filed by the 5th respondent herein under Section 6A of the E.C.Act, 1955 against the petitioner herein for contravening certain clauses of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, wherein, it was decided to confiscate 100% value of the seized stock and to impose an amount of Rs.20,000/- as penalty to the petitioner herein. The said order passed by the Collector (CS), Krishna, Machilipatnam was also confirmed by the learned District and Sessions Judge, Krishna at Machilipatnam vide judgment dated 11.03.2024 in an appeal filed by the petitioner herein. 6. In view of the fact that the entire seized stock of the petitioner was ordered to be confiscated by the Collector (CS), Krishna, Machilipatnam with a 5 VS,J W.P.No.3841 of 2022 penalty of Rs.20,000/- and the same was confirmed by the learned District and Sessions Judge, Krishna at Machilipatnam, this Court is of the opinion that no further cause survives in the present writ petition. 7. Accordingly, this writ petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 04.11.2025 Gss