IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATj^ (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHL WRIT PETITION NO: 4049 OF 2025 ^ Between: Sri K. Dilip Kumar, S/o. Rangaswamy, Hindu, Aged about 35 years. Proprietor of Somanatha Traders, Door No. 13/1 A, Main Road, Pullur Village, Undavelli, Jogulambha, Telangana State. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Kadapa, YSR District. 3. The Tahsildar, CK Dinne, CK Dinne Mandal, YSR District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus directing the respondents to return the confiscation of the stocks i.e. may one 20810 kgs of rice in Ref. No. I(2)/194/2023, dated 08.07.2023 to the petitioner as illegal, improper arbitrary and without any power of authority under law and violation Articles of 14 and 19(1) (g) of the institution of India and contrary to the provisions of Essential Commodities Act, 1955 and the orders made there under consequently direct the respondents authorities of to release the seized stock to the petitioner. lA NO: 1 OF 2025^ under Section 151 CPC praying that in the circumstances stft^d in the affidavit filed in support of the petition, the High Court pleased to direct the respondents to release the confiscation of the stock i.e,, 20,810 kgs of rice in favour of the Petitioner in Ref.No.l(2)/194/2023, dated 08.07.2023 as per orders, pending disposal of the above Writ Petition. X r' may be Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010071082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday the Twenty Fourth Day of February, 2025. Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition No: 4049/2025 Between: K Dilip Kumar ...Petitioner AND The State of A.P and others ...Respondent(s) Counsel for the Petitioner: I.Shaik Meeravali 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 the Constitution of India to issue a writ of rhandamus directing the respondents to return the confiscation of the stocks i.e., 20810 kgs of rice in Ref.No.l (2)/194/2023, dated 08.07.2023 to the petitioner as illegal, improper arbitrary and without any power of authority under law and violation of Articles 14 and 19(1) (g) of the Constitution of India and contrary to the provisions of Essential Commodities Act, 1955 and the orders made there under consequently direct the respondents authorities to release the seized stock to the petitioner. 2. The case of the petitioner is briefly as follows: 2 WP No.4049 of 2025 On 19.05.2023 the Enforcement Deputy Tahsildar, Kadapa and others inspected the vehicle bearing No.AP 39-T-8606 at Star Hotel, Peddakampalli Panchayat. Kadapa-Rayachoty main road, CK Dinne Mandal, YSR District and seized 521 bags of rice (20,810 kgs) and vehicle bearing No.AP 39-T-8606. The Enforcement Deputy Tahsildar gave a complaint to the SHO, CK Dinne P.S. in respect of illegal transportation of PDS rice. The vehicle was released by the Special ■Judicial Magistrate of First Class for Prohibition and Excise Offences, Kadapa in Crl.M.P.No.1193 of 2023 dated 29.05.2023. The owner of the vehicle and other respondents did not receive any show cause notice. The petitioner filed an explanation along with the documents however, without verifying the explanation, the respondent No.2 passed confiscating 100% of order in Ref.No.l (2)7194/2023, dated 08.07.2023 the value of the seized stock to the state 1955 and imposing an amount of Rs.1,00,000/- as fine on the owner of the vehicle. Against the said order of the 2'""' under section 6A of E.C.Act respondent, the petitioner the Principal Sessions filed Criminal Appeal No. 14 of 2023 before Judge, Kadapa and the same is pending. The'Court of Magistrate, after conducting trial in C.C.No.1030 of 2023 against the petitioner and another, found them not guilty for the offences punishable under Section 420 r/w 34 IPC and Section 7(1) of Essential Commodities and acquitted on 11.07.2024. On the said petition, the 2"“ respondent has not passed any order. As per Section 6A(3)(c) of the Essential Commodities Act, 1955 the sale proceeds of the Act, 1955 seized stock sold after deducting the expenses have to be paid to the person from whom it is seized, if the person concerned is acquitted. Therefore, the petitioner filed a petition dated 31.07.2024 before the 2"'' Collector, Kadapa requesting to return the seized respondent i.e. the Joint stock i.e. 20,810 kgs of rice^ortered to be confiscated in view of the judgment of acquittal in the criminal case i.e. CC No. 1030 of 2023. 3 WP No.4049 of 2025 3. The main contention of the petitioner is that so far, no order has been passed on the petition dated 31.07.2024 filed before Collector, Kadapa. The learned Assistant Government Pleader for Civil submitted that he had no written instructions. Since the said petition for release of the seized the writ petition is disposed of directing the Joint Collector dispose of the petition within two weeks from the order. the Joint 4. Supplies 5. stock is pending, - , Kadapa to date of copy of this There shall be no order as to costs. As a sequel, miscellaneous applications stand closed. pending, if any, shall Sd/- M.RAMESH BABU DEPUTY REGISTRAR f/ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Kadapa, YSR District. 3. The Tahsildar, CK Dinne, CK Dinne Mandal, YSR District.-- 4. One CC to Sri Shaik Meeravali, Advocate [OPUC] ^ 5. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb y HIGH COURT DATED:24/02/2025 ORDER S 2 5 MAR 2025 Current Section ^ O rt Tf- IF* WP.No.4049 of 2025 # V* DISPOSING OF THE W.P. WITHOUT COSTS