APHC010187422021 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: 10221/2021 Between: 1. B. MAHESH REDDY, S/O ROSI REDDY AGE-29 YEARS, OCC- AGRICULTURE, R/O SETTIGUNTA ROAD, STONEHOUSEPET, NELLORE-2, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, CHITTOOR, CHITTOOR DISTRICT. 3. THE TAHSILDAR, CHITTOOR MANDAL, CHITTOOR 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 an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the order of the 2nd respondent passed in Roc.E2/88/2021, dt. 3.2021 directing the 3rd respondent to dispose of the seized stock of 317.33 Qtls of raw rice through public auction as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure IA NO: 1 OF 2021 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 2"respondent to release the seized stock of 32 tons (317.33 Qtls) of raw rice to the petitioner by suspending the order of the 2nd respondent passed in Roc.E2/88/2021, dt. .3.2021, pending disposal of the above writ petition and to pass such other order or orders in the interests of justice. Counsel for the Petitioner: 1. V SUDHAKAR 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 an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the order of the 2nd respondent passed in Roc.E2/88/2021 dated .3.2021 directing the 3rd respondent to dispose of the seized stock of 317.33 Qtls. of raw rice through public auction as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents not to take any action in pursuance of the illegal seizure and pass…” 2. The brief facts of the case are that the petitioner is an agriculturist and owns Ac.23.53 cents of agriculture land in Inagaluru Village, Ananthasagaram Mandal, SPSR Nellore District and he used to grow paddy in his fields. The petitioner is the owner of a lorry bearing No.AP 26 TC 1179, which is being used for transportation of goods. 3. While so, the petitioner milled up some paddy and loaded 32 tons of rice in his lorry for transporting the same to Chittoor. On 18.12.2020 at about 06.00 a.m., while the said lorry was proceeding to Chittoor, the Sub-Inspector of Police, Chittoor Taluk Police Station, intercepted it at Penumur cross road on Tirupati-Chittoor main road and seized the lorry along with the stock alleging that the rice which is being transported is PDS rice. Subsequently, the respondent No.3/ the Tahsildar, Chittoor submitted his report on 12.03.2021, basing on which, the respondent No.2 issued an endorsement vide roc.E2/88/2021, dated NIL.03.2021, directing the concerned to release the vehicle bearing No. AP 26 TC 1179 subject to the petitioner depositing an amount of Rs.25,000/-. Accordingly, the petitioner deposited the said amount and subsequently, the respondent authorities have released the petitioner’s vehicle. Furthermore, vide impugned proceedings dated NIL.03.2021, the 2nd respondent has directed the 3rd respondent to dispose of the seized stock of 317.33 Qtls through public auction. The grievance of the petitioner is that, without taking any samples from the rice seized and without there being any analysis report from the competent authority that the seized stock is PDS rice, the respondent No.2 has directed the respondent No.3 to dispose of the of the seized rice of 317.33 Qtls through public auction. Aggrieved by the same, the petitioner has filed the present writ petition. 4. When the matter came up for admission on 20.05.2021, this Court has passed the following interim order: “…Having regard to the facts and circumstances of the case and taking into consideration the orders passed in W.P.Nos.9757 of 2020 and 14351 of 2020, the 2nd respondent is directed to release the seized stock in favour of the petitioner, if no public auction has taken place till date, subject to the condition that the petitioner furnishes immovable property security to the value of the seized stock. It is needless to mention that before release of the stock, the 2nd respondent shall verify the documents furnished, in accordance with law.” 5. Heard Sri V.Sudhakar Reddy, learned counsel for the petitioner 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 Collector (CS), Chittoor, vide Roc.E2/88/2021, dated 08.10.2025, through which the seized stocks of 317.33 Qtls (32.00 tons) have been released in favour of the petitioner on his furnishing the immovable property to an extent of Ac.1.00 cents situated at Vengampalli, Ananthasagaram Mandal, SPSR Nellore District as security to the value of the seized stock. In the said proceedings, the Registrar, Registration & Stamps, Athmakuru, SPSR Nellore District was also directed not to entertain any transactions or mutations in respect of the land which stands in the name of one Sri Butreddi Mahesh Reddy, S/o Rosi Reddy, to an extent of Ac.1.00 cents, situated at Vengampalli, Ananthasagaram Mandal, SPSR Nellore District until further orders from the Collector (CS), Chittoor. 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 Collector (CS), Chittoor. 7. In view of the fact that pursuant to the interim order dated 20.05.2021, passed by this Court, as the stock that was seized by the respondent- authorities has been released in favour of the petitioner on his furnishing the immovable property to an extent of Ac.1.00 cents situated at Vengampalli, Ananthasagaram Mandal, SPSR Nellore District as security to the value of the seized stock 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 Collector(CS), Chittoor to complete the enquiry, which is 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 211 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.10221 of 2021 Date: 14.10.2025 SRT