APHC010702532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36446/2025 Between: 1. SK MASTHAN VALI, S/O SK.MAHABOOB FAKRODEEN AGE 62 YEARS, OCC BUSINESS R/O D.NO.3-146, AMMA CHERUVU MADANAPALLI TOWN, CHITTOOR DIST. PIN 517325 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAI SECRETARY (CIVII SUPPIIES) DEPARTMENT, SECRETARIAT, VEIAGAPUDI, GUNTUR DIST. PIN 522237 2. THE COLIECTOR CS, ANAKAPAILI DIST., AT ANAKAPAILI. PIN 531001 3. THE ASSISTANT SUPPIY OFFICER, ANAKAPAILI DIST., AT ANAKAPAILI. PIN 531001 4. THE STATION HOUSE OFFICER, ANAKAPAILI RURAL PS, ANAKAPAILI DIST. PIN 531001 ...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, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in seizing the petitioners vehicle bearing Registration No.AP 03 TE 6668 pursuant to the panchanama dt4- 12-2025 conducted by the 3rd respondent on the alleged transportation of PDS rice at Kapusettivenipalem Village, Anakapalli 2 Mandal and Anakapalli Dist., and initiation of 6A of EC Act, 1955 proceedings though the said rice was transported in the vehicle is on hire basis is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the proceedings initiated under 6A of EC Act, and further direct the respondents to release the seized vehicle in favour of the petitioner, 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 respondents to release the seized vehicle Lorry (Ashok Layland) bearing No. AP 03 TE 6668 in favour of the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: The petitioner is seeking release of the vehicle bearing registration No.AP 03 TE 6668, which was seized on 04.12.2025. 2. The learned counsel for the petitioner submits that the petitioner is the transporter and has not convicted any offence under the Essential Commodities Act, 1955. However, the vehicle which was used for transporting was seized by the respondent-authorities as it was allegedly transporting the PDS rice. 3. It is submitted that the petitioner has obtained finance from the banker and is required to pay the EMI’s. Though the petitioner is not involved in crime vide FIR.No.249 of 2025, on the file of the Anakapalli Rural Police Station, Anakapalli, which was registered under Section 7(1) of the Essential Commodities Act, 1955, the vehicle is now retained with the 2nd respondent and is in the custody of the 4th respondent. 4. The learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 submits that the petitioner would have to submit a representation to the 2nd respondent and the 2nd respondent shall duly consider the same and pass orders releasing the said vehicle on the petitioner furnishing the third party surety and further undertaking that the petitioner shall not dispose or change the nature of the vehicle, pending enquiry. 4 5. Considering the same, the writ petition is disposed off, leaving it open for the petitioner to submit a representation to the 2nd respondent seeking release of the vehicle. On such representation, the 2nd respondent shall pass appropriate orders releasing the vehicle by imposing the conditions of the petitioner furnishing the 3rd party surety and also submit an undertaking not to dispose the vehicle or change the nature of vehicle pending the disposal of the case. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE HARINATH.N Note: Issue CC by tomorrow B/o.SCH 5 52 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.36446 of 2025 Date: 30.12.2025 Note: Issue CC by tomorrow B/o.SCH