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High Court of Andhra Pradesh · body

2025 DAILYLAW 7756 (AP)

Kandula Bapuji, v. The State of Andhra Pradesh,

WP/4067/2025 · 2025-02-24

B S Bhanumathi

body2025

Judgment text

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APHC010079582025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: Between: Kandula Bapuji, The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: ORDER: This Writ Petition under Article 226 of Constitution of India is filed for the following relief: “…to issue a w writ order or direction declaring the action of the respondents No.3 and 4 in seizing the rice and broken rice as in the mill on 19. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4067/2025 ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent(S): GP FOR CIVIL SUPPLIES The Court made the following: This Writ Petition under Article 226 of Constitution of India is filed for the writ of mandamus or any other appropriate rder or direction declaring the action of the respondents in seizing the rice and broken rice in lorry as well .01.2025 by conducting panchanama as IN THE HIGH COURT OF ANDHRA PRADESH [3311] THE TWENTY FOURTH DAY OF FEBRUARY THE HONOURABLE MS JUSTICE B S BHANUMATHI ...PETITIONER ...RESPONDENT(S) This Writ Petition under Article 226 of Constitution of India is filed for the andamus or any other appropriate rder or direction declaring the action of the respondents orry as well anchanama as 2 BSB, J W.P.No.4067 of 2025 the said commodities are not PDS rice. Therefore, the seizure is itself is illegal, arbitrary and violation of principles of natural justice. Consequently, set aside the mediator report dated 19.01.2025 by releasing the seized stocks to the petitioner on furnishing 50% of bank guarantee of the value of the stocks forthwith and pass such other order or orders…” 2. The case of the petitioner is briefly as follows: The petitioner operates a non-trading rice mill under the name and style “Satyapriya Modern Rice Mill” in Rayavaram village, Krishna District. On 19.01.2025, the vigilance and enforcement officials inspected the mill and seized the rice and broken rice, paddy within the mill and rice in a lorry etc., They recommended initiation of case under section 6A of the Essential Commodities Act, 1955. A case was registered against the petitioner in Crime No.37 of 2025 of Gudur police station. The petitioner submitted an application to the 2nd respondent for release of the seized stock with an undertaking to furnish a bank guarantee for value of 50% of the price of the seized stock. The application is pending. Hence, this writ petition was filed. 3. The learned counsel for the petitioner submitted the petitioner is ready to furnish bank guarantee as undertook in the application. 4. The learned Assistant Government Pleader represented that he has no written instructions, however submitted that since the petition is pending before the 2nd respondent who is the competent authority, there is no need to grant relief in the writ petition. 5. In the light of the above circumstances, the writ petition is disposed of directing the 2nd respondent to dispose of the petition for release of the stock pending before the 2nd respondent within one week on receipt of the copy of this order. There shall no order as to costs. 3 BSB, J W.P.No.4067 of 2025 As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. _____________________ B.S.BHANUMATHI, J 24.02.2025 GRL 4 BSB, J W.P.No.4067 of 2025 117 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4067 of 2025 Date: 24.02.2025 GRL 5 BSB, J W.P.No.4067 of 2025