APHC010077962022 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: 5453/2022 Between: 1. SRI LAKSHMISRINIVASA TRADERS, PEDAVADLAPUDI, GUNTUR DISTRICT. REP .BY ITS PROPRIETOR SANISETTY PRASAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR CS, GUNTUR, GUNTUR DISTRICT. 3. THE HEAD CONSTABLE, MANGALIRI RURAL P.S., GUNTUR DISTRICT. 4. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, MANGALAGIRI, GUNTUR 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 tomay be pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 3'd respondent in seizing 800 bags of raw rice each weighing 25 kgs belong to the petitioner along with lorry bearing No. KA 39 7264 under a cover of police proceedings, dt.08.02.2022 as illegal, arbitrary, without any authority of law, competency or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under including the A.P. State Targeted Public Distribution System (Control) Order, 2018 and also contrary to the judgment reported in 2013 (4) ALD 241 and set aside the same and direct the respondents not to take any action in pursuance of the illegal seizure and pass such 2 VS,J W.P.No.5453 of 2022 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 may be pleased to direct respondent Nos.2 to 4 to release 800 bags, of raw rice weighing 25 kgs each to the petitioner, which was seized by the 3rd respondent on 08.02.2022 forthwith, pending disposal of writ petition and pass such Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.5453 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 3'd respondent in seizing 800 bags of raw rice each weighing 25 kgs belong to the petitioner along with lorry bearing No. KA 39 7264 under a cover of police proceedings, dt.08.02.2022 as illegal, arbitrary, without any authority of law, competency or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under including the A.P. State Targeted Public Distribution System (Control) Order, 2018 and also contrary to the judgment reported in 2013 (4) ALD 241 and set aside the same and direct the respondents not to take any action in pursuance of the illegal seizure and pass such….” 2. The petitioner herein i.e. „Sri Lakshmisrinivasa Traders‟, situated at Pedavadlapudi, Guntur, represented by its proprietor, is a trader of food grains such as paddy, rice etc., and during the course of its business, on 08.02.2022, while 20 tons of raw rice is being transported to M/s. Lakshmi Traders, Netrang, Gujarat in a vehicle bearing No.KA 39 7264, the 3rd respondent herein, seized the same at Atmakur village by way of panchanama dated 08.02.2022 though the said rice is not PDS rice and registered a case against the petitioner in Crime No.107 of 2022 under Section 420 IPC and 7(1) of Essential Commodities Act. Aggrieved by the same, the present writ petition is filed. 3. When the writ petition came up for hearing on 04.03.2022, this Court has passed the following interim order: 4 VS,J W.P.No.5453 of 2022 “In view of the facts and circumstances of the case, the respondents are directed to release the commodities and the lorry to the petitioner. However, the said interim release is subject to further proceedings under Section 6-A of Essential Commodities Act.” 4. During the course of arguments, learned counsel for the petitioner furnished a copy of the proceedings of the Joint Collector and Additional District Magistrate, Guntur in Rc.No.173/2022-S7, dated 03.04.2022 wherein, the entire stock of seized rice of the petitioner and the vehicle bearing No.KA 39 7264 were released pursuant to the interim order passed by this Court. Learned counsel for the petitioner also furnished a copy of the judgment passed by learned Additional judicial Magistrate of I Class-cum-Civil Judge (Junior Division), Mangalagiri in C.C.No.251 of 2023, wherein the petitioner herein was acquitted as he was found not guilty for the offence punishable under Section 420 of Indian Penal Code and Section 7(1) of the Essential Commodities Act. 5. In view of the fact that the seized rice stock of the petitioner and the vehicle bearing No.KA 39 7264 were released by the Joint Collector and Additional District Magistrate, Guntur vide proceedings Rc.No.173/2022-S7, dated 03.04.2022 and as the petitioner was found not guilty for the offence punishable under Section 420 of Indian Penal Code and Section 7(1) of the Essential Commodities Act by the learned Additional judicial Magistrate of I Class-cum-Civil Judge (Junior Division), Mangalagiri, this Court is of the opinion that no further cause survives in the writ petition. 5 VS,J W.P.No.5453 of 2022 6. 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