APHC010055002025 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: 3427/2025 Between: Sri Venkateswara Rice Industries and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 2 W.P.No.3427 of 2025 ORDER: The 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 86.00 Qtls of rice along with Eicher lorry bearing No.AP39 UV 8436 belongs to the petitioners under cover of Mediatornama, dt.09.12.2024 and further order passed by the 2nd respondent in Rc.B2.260/2024, dt.25.01.2025 directing the petitioners to furnish bank FDR for an amount of Rs.3,91,300/- each for the release of seize stock and the lorry as illegal, arbitrary, without any authority of law or jurisdiction and violative of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the order of the 2nd respondent dt.25.01.2025 and consequently direct the respondents to release the seized stock and the lorry to the petitioners and not to take any action in pursuance of the illegal seizure and pass…” 02. The case of the petitioners is briefly as follows: The 1st petitioner herein is a rice trader. The 1st petitioner purchased 130 Qtls from M/s.Vanadurga Rice Traders. On receiving order request from Saraswathi Rice Mandi, Chennai for supply of 86 Qtls of rice, the 1st petitioner engaged Eicher lorry bearing No.AP39 UV 8436 of the 2nd petitioner to transport the said rice to Chennai and got 3 W.P.No.3427 of 2025 loaded 86 Qtls of rice out of the stock of 130 Qtls into the said vehicle and raised a bill of supply/invoice. While the lorry was proceeding to Chennai, the same was intercepted by the Sub-Inspector of Police, Rural P.S. Kavali. The police had seized the same along with rice in it highhandedly without taking into consideration the bills and other documents accompanied with the load. The police has informed about the seizure to the 3rd respondent herein. Subsequently, the 3rd respondent came along with panchayatdaars on 09.12.2024 seized the lorry along with the stock under cover of panchanama, without taking into consideration the documents available in the lorry and filed a report under section 6A of Essential Commodities Act, 1955 (in short „E.C. Act) before the 2nd respondent. The petitioners filed a petition before the 2nd respondent on 18.01.2025. But, the 2nd respondent, without considering any of the contentions raised in the petition, passed an order in Rc.B2.260/2024, dt.25.01.2025 directing release of the seized stock on production of bank FDR for an amount of Rs.3,91,300/- for three years and release of the seized vehicle to the 2nd petitioner on his production of bank FDR for the same amount and period. Thus, the writ petition was filed. 03. On written instructions dated 10.02.2025 from the office of District Supply Officer (FAC), SPS Nellore District, the learned Assistant Government Pleader for Civil Supplies submitted that in case if the Court is inclined to release the stock, condition may be imposed for furnishing bank guarantee for the amount equivalent to the value of the stock. He further opposed to alter the condition for release of the vehicle. 04. The learned counsel for the petitioners submitted that condition to deposit the amount in the bank would be onerous and requested to 4 W.P.No.3427 of 2025 direct the release of the stock as well as vehicle on the condition to furnish personal or third party immovable property as security, may be with further direction to give an undertaking not to alienate or create charge over the property offered for security. 05. Since the disposal of the proceedings under Section 6A of the E.C. Act would take further time and meanwhile the commodity may get perished and the vehicle may also get damaged, if the 2nd petitioner is unable to comply the direction as ordered, it is appropriate to direct release of the stock and the vehicle on furnishing immovable property as security. Accordingly, the writ petition is allowed with the following directions: i. The 2nd respondent is directed to release the stock of the 1st petitioner on furnishing personal or third party immovable property of value Rs.4,00,000/- to the satisfaction of the concerned authority, with an undertaking of owner of the property that the property will not be alienated or subject 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 to the concerned District Registrar/Sub-Registrar for their record purpose. ii. ii. The 2nd respondent is directed to release the vehicle (Eicher lorry bearing No.AP39 UV 8436) to the 2nd petitioner on furnishing personal or third party immovable property of value Rs.4,00,000/- 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 5 W.P.No.3427 of 2025 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 NSM 6 W.P.No.3427 of 2025 66 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 3427/2025 Date: 10.02.2025 NSM