APHC010056082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 3175/2025 Between: Appala Mounika, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Alapati Vivekananda Counsel for the Respondent(S): 1. 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: “…pleased to issue a Writ, Order or Direction, more particularly one in the nature of Mandamus, declaring the action of 3rd Respondent/Collector(CS), Ongole, who order to release, Vehicle bearing No:AP27TX3026 to petitioner on furnishing of Bank Guaranty of Rs.3,25,000/- (Rupees Three Lakhs Twenty five thousand Only) through his proceedings, dt.9-1-2025 in Rc.CSl/6A/117/2024 is wholly illegal, arbitrary, opposed to the Judgment of this Hon’ble Court in W.A. No 201/2022, dt.15-2-2024, and also mandatory provisions of Control Orders and also violate 2 W.P.No.3175 of 2025 of principals of natural justice and without jurisdiction and set aside the proceedings of 3rd respondent/Collector (CS), Ongole, dt.9-1- 2025 in Rc.CSl/6A/117/2024 and consequently to direct the respondents to release the Vechile bearing No:AP27TX3026 to the petitioner…” 02. The case of the petitioner is briefly as follows: The petitioner is the owner of the Lorry bearing No.AP 27 TX 3026. When the petitioner’s lorry driver accepted to transport 75 bags of rice from Maddiralapadu Village to Ongole (each bag weighing 50 Kgs) in the petitioner’s lorry, during loading, the villagers came to the spot and obstructed the petitioner’s lorry thereby called the police. The police, Ongole Taluk visited the spot the seized the vehicle and the rice on the ground that the rice is PDS rice. A petition was filed before the 2nd respondent seeking to release the lorry bearing No.AP 27 TX 3026. The notice was issued on 25.01.2025, informing that the request of the petitioner for reducing bank guarantee to Rs.1,00,000/- was not considered for release of the vehicle. Aggrieved by the same, the present writ petition is filed. 03. The learned counsel for the petitioner submitted that submitted that the condition imposed for release of vehicle by furnishing bank guarantee for Rs. Rs.3,25,000/- is onerous and therefore the petitioner may be directed to furnish immovable property of self or third party as security may be ordered. 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. 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: 3 W.P.No.3175 of 2025 i. The 2nd respondent is directed to release the vehicle lorry bearing registration No.AP 27 TX 3026 to the petitioner on furnishing personal or third party immovable property of value Rs.3,25,000/- 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: 17.02.2025 SCH 4 W.P.No.3175 of 2025 197 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 3175/2025 Date: 17.02.2025 SCH