APHC010051482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 2603/2025 Between: Syed John Basha, ...PETITIONER AND The State Of A P and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following Order: This Writ Petition is filed under Article 226 of 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 3rd respondent in seizing the passenger auto/Maxi cab/Tata Magic vehicle bearing No.AP04TU4738 along with 40 bags of rice on 09.12.2024 under cover of Mediatornama at Culvert Near Tubadu Village, Nadendla Mandal, Palnadu District and the consequential order/notice of the W.P.No.2603 of 2025 dt:10.02.2025 2 2nd respondent passed in E.C. Act Case No.l04/2024-S4, dt.04.01.2025 directing the petitioner to furnish bank guarantee of Rs.91,000/- for release of the said vehicle as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and consequently direct the respondents to release the seized vehicle to the Petitioner and not to take any action in pursuance of the illegal seizure…” 02. The case of the petitioner is briefly as follows: The petitioner is the owner of the passenger auto/maxi cab of Tata Magic bearing No.AP 04 TU 4738. While he was transporting 40 bags of rice in his vehicle, it was illegally seized by the Sub-Inspector of Police, Nadendla P.S. on 09.12.2024 on suspicion that it was PDS rice under the cover of mediatornama. Pursuant to the same, the petitioner filed a petition dated 03.01.2025 before the 2nd respondent stating that the rice which was seized by the respondent-authorities is not PDS rice and requested to release the same as his livelihood is depended on the said vehicle. Accordingly, the 2nd respondent passed an order in case No.106/2024-S4, dated 04.01.2025, directing the petitioner to furnish a bank guarantee of Rs.91,000/-. Aggrieved by the same, the present writ petition is filed. 03. The learned counsel for the petitioner submitted that the condition imposed for release of vehicle by furnishing bank guarantee for Rs.91,000/- is onerous and therefore the petitioner may be directed to furnish immovable property of self or third party as security. 04. In reply, the learned Assistant Government Pleader for Civil Supplies furnishing a bank guarantee is necessary as security of immovable property would be difficult for release of the vehicle. W.P.No.2603 of 2025 dt:10.02.2025 3 05. Under these facts and circumstances and upon considering the submissions of both the leaned counsels, the writ petition is disposed of with the following directions: i. The 2nd respondent is directed to release the vehicle auto/maxi cab of Tata Magic bearing registration No.AP 04 TU 4738 to the 2nd petitioner on furnishing personal or third party immovable property of value Rs.91,000/- as security to the satisfaction of the concerned authority with an undertaking not to alienate the vehicle or create any kind of charge over it or alter it in any manner and with a further undertaking of the owner of immovable property that the property secured shall not be alienated or subjected to any kind of charge over the property, pending disposal of proceedings under Section 6-A of the E.C. Act, whereupon the concerned authority shall forthwith intimate the acceptance of the security and the undertaking to the concerned District Registrar or Sub-Registrar concerned for their record purpose. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 10.02.2025 SCH W.P.No.2603 of 2025 dt:10.02.2025 4 152 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 2603/2025 Date: 10.02.2025 SCH