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2025 DAILYLAW 8628 (AP)

PINJARI MOHAMMED RAFI v. THE STATE OF AP

WP/4837/2025 · 2025-03-20

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE i PRESENT HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 4837 OF 2025 Between: Pinjari Mohammed Rafi, S/o.Rafi, Aged about 37 years, Occ: Business, R/o.D.No.2-20, Imampur Village, Alampur Mandal, Jogulamba Gadwal District, Telangana. ...PETITIONER AND 1. The State of AP, rep., by its Principal Secretary, Civil Supplies Department, Secretariat, Velagapudi, Guntur District. 2. The Joint Collector, Kurnool District, Kurnool. 3. The Tahsildar, Vigilance and Enforcement, Kurnool Mandal, Kurnool District. 4. The Sub-Inspector of Police, Kurnool I Town Police Station, Kurnool City and District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondent No.2 to 4 in seizing the Ashok Leyland (Bada Dost) Goods Carriage LMV bearing registration No. TS 33 T 6212 stating that the PDS Rice was transported in the same illegally, eventhough the supplied had produced E-way Bills and GST Bill as arbitrary, illegal and colorable exercise of power apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.2 to release Ashok Leyland (Bada Dost) Goods Carriage LMV bearing registration No. TS 33 T 6212 in my favor. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent No.2 to release the Ashok Leyland (Bada Dost) Goods Carriage LMV bearing registration No. TS 33 T 6212 in my favor, pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent Nos.1 to 3 : GP FOR CIVIL SUPPLIES Counsel for the Respondent No.4 : GP FOR HOME The Court made the following: ORDER APHC010093132025 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 3459 THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.4837 OF 2025 Between: Pinjari Mohammed Rafi Petitioner and The State ofA.P. Rep. by its Principal Secretary, Civil Supplies Development Secretariat, Velagapudi, Guntur District and 3 others Respondents Sri B. Abhay Siddhanth Learned G.P. for Civil Supplies Counsel for the petitioner Counsel for the respondents The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the -petitioner seeking to issue a Writ of Mandamus by declaring the action of respondent Nos.2 to 4 in seizing the Ashok Leyland (Bada dost) Goods Carriage LMV bearing registration No.TS 33 T 6212 stating that the PDS Rice was being transported therein illegally, even though he produced E-way Bills and GST Bill as arbitrary, illegal and violative of the fundamental rights guaranteed under Articles 14, 19 and 21 of the 2 JS,J WP No.4837/2025 Constitution of India and consequently direct the 2"'‘ respondent to release the aforesaid vehicle to the petitioner. 2. Heard the arguments of learned counsel for the petitioner, learned Government Pleader for Civil Supplies, appearing on behalf of the respondents, and perused the material available on record. 3. The petitioner is the owner of Ashok Leyland (Bada dost) Goods Carriage LMV bearing registration No.TS 33 T 6212. On 04.02.2025, the SI of RV&EO, PS, Kurnool District, intercepted and seized the vehicle without issuing any notice and without serving seizure report to the petitioner. 4. Learned Government Pleader for Civil Supplies appearing on behalf of the respondents submits that the Notice under Section 6-A was served to the petitioner on 17.03.2025 and the petitioner can appear before the Joint Collector, Kurnool District, Kurnool on 22.03.2025 and file appropriate application for release of his vehicle. 5. Hence, the Writ Petition is disposed of by directing the petitioner to appear before the Joint Collector, Kurnool District, Kurnool on 22.03.2025 as referred in notice, dated 17.03.2025, and make appropriate application for release of his seized vehicle; upon such application being filed, the 2 nd 3 JS,J WP No.4837/2025 respondent shall consider and dispose of the same within a period of one (1) week therefrom. No order as to costs. Consequently, Miscellaneous Applications pending, if any, shall stand closed. SDI- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECtrdN OFFICER To, 1. The Principal Secretary, Civil Supplies Department, State of AP, Secretariat, Velagapudi, Guntur District. 2. The Joint Collector, Kurnool District, Kurnool. 3. The Tahsildar, Vigilance and Enforcement, Kurnool Mandal, Kurnool District. 4. The Sub-Inspector of Police, Kurnool I Town Police Station, Kurnool City and District. 5. One CC to Sri B.Abhay Siddhanth Mootha, Advocate [OPUC] 6,„>‘Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr HIGH COURT DATED:20/03/2025 ORDER WP.No.4837 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS