Extracted from the PDF above. The PDF is authoritative.
APHC010690352025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35620/2025 Between:
1. SRI KANDULA JAYA BABU, S/O, LATE UMA MAHESWARA RAO AGED ABOUT 57 YEARS, D. NO. 3/365, ABBAS PANJA ROAD MACHILIPATNAM, KRISHNA DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS
CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE JOINT COLLECTOR, MACHILIPATNAM. 3.
3. THE REVENUE DIVISIONAL OFFICER, MACHILIPATNAM DIVISION KRISHNA DISTRICT. 4.
4. THE TAHSILDAR, MACHILIPATNAM DIVISION, 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 issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the action of the respondent no. 2 in not disposing the representation made by the petitioner dated 04.06.2025 and 28.07.2025 for the release of seized stocks in respect of the 94 quintals of rice, each bag weighing 50 kilograms, valued at 1,92,700/- as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles
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14, 19, and 21 of the Constitution of India, and contrary to the express provisions of the Essential Commodities Act, 1955 and consequently, direct the respondent no. 2 to release the seized stocks by furnishing the 3rdparties security and pass IA 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 pleased to direct the respondent no. 2 to release the seized stocks by furnishing the 3rd parties security and grant such other relief as may be deemed fit and proper in the facts and circumstances of the case. Counsel for the Petitioner:
1. K SRINIVAS Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following:
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THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35620/2025
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, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the action of the respondent No.2 in not disposing the representation made by the petitioner dated 04.06.2025 and 28.07.2025 for the release of seized stocks in respect of the 94 quintals of rice, each bag weighing 50 kilograms, valued at 1,92,700/- as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India, and contrary to the express provisions of the Essential Commodities Act, 1955 and consequently, direct the respondent No.2 to release the seized stocks by furnishing the 3rd parties security.”
2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Civil Supplies appearing for respondents.
3. Today when the matter came up for hearing, learned counsel for the petitioner reiterated the contentions urged in the Writ Petition, but, however limited his request to direct the respondent authorities to dispose of the representations of the petitioner dated 04.06.2025 and 28.07.2025, requesting to release the seized stock i.e., 94 quintals of rice, each bag weighing 50 kilograms, valued at Rs.1,92,700/-.
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4. On the other hand, learned Assistant Government Pleader for Civil Supplies appearing for the respondent authorities submits that the respondent authorities will consider the representations submitted by the petitioner, dated 04.06.2025 and 28.07.2025 and will pass appropriate orders in accordance with law, if not yet disposed of.
5. Having regard to the facts and circumstances of the case and
submissions made by the learned counsels, instead of going into the merits of the case, this Court feels it appropriate to dispose of the Writ Petition by directing the respondents to consider the representations made by the petitioner dated 04.06.2025 and 28.07.2025 for release of the seized stock, upon the petitioner furnishing immovable property security equivalent to the value of the seized stock and to pass appropriate orders, if not yet passed, in accordance with law, within a period of one week from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
__________________
JUSTICE V.SUJATHA
Date:22.12.2025 JLV
5 VS,J W.P.No.35620 of 2025
266 THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 35620/2025
Date:22.12.2025 JLV