y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4858 OF 2025 Between: Immidisetty Venkata Srinivasa Rao, S/o.Pitchaiah, aged about 48 years Proprietor of M/s. Subrahmaneswara Rice Mill, Rajupalem village Tripuranthakam Mandal, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary - Civil Supplies, Secretariat, Amaravathi at Velagapudi, Guntur District. 2. The Collector (CS), Prakasam at Ongole. 3. The Sub-Collector, Markapur, Prakasam District.. 4. The Tahasildar, Triupuranthakam Mandal, Prakasam District. 5. The Enforcement Deputy Tahsildar, Singarayakonda Mandal, Prakasam 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 may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the proceedings in RC.CS1/6A/92/2023, dated 18.10.2023, on the file of the 2'^'^ respondent as illegal, void, arbitrary and unjust and consequently direct the 2'''' respondent to release stock of 135.50 quintals of rice seized through panchanama dated 3.10.2023 to the petitioner by accepting personal bond/ third party surety. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2""' respondent to release the seized stock of 135.50 quintals of rice to the petitioner by accepting personal bond/ third party surety by suspending proceedings vide Rc.CS1/6A/92/2023 dated 18.10.2023, on the file of the 2"^^ respondent, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KOCHIRI RAJA SHEKAR Counsel for the Respondent Nos.1 to 5: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010094452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4858/2025 Between: ...PETITIONER Immidisetty Venkata Srinivasa Rao AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.KOCHIRI RAJASHEKAR Counsel for the Respondent(S): 1.GP FOR CIVIL SUPPLIES The Court made the following: 2 BSB, J W.P.No.4858of 2025 ORDER: This writ petition under Article 226 of the Constitution of India is filed seeking the following relief: “..to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the proceedings in Rc.CS1/6A/92/ 2023, dated 18.10.2023, on the file of the 2'^'^ respondent as illegal, void, arbitrary and unjust and consequently direct the 2"^^ respondent to release stock of 135.50 quintals of rice seized through panchanama, dated 03.10.2023, to the petitioner by accepting personal bond/third party surety and pass such other order or orders as may deem fit and proper in the circumstances of the case.” Heard Sri Kochiri Raja Shekar, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 2. 3. The case of the petitioner, in brief, is as follows: a. The petitioner is the Proprietor of Sri Subramanyeswara Rice Mill, Rajupalem village, Tripurantakam Mandal, Prakasam District and the same was taken on lease from Narasimha Reddy. While the matter stood thus, the 2"'^ respondent issued show cause notice, vide Proceedings No.CS1/6A/92/2023, dated 18.10.2023. The operative portion of the show cause notice, dated 18.10.2023, reads as follows: “....In the circumstances stated above, and as there were no paddy stocks and no connected registers for conducting Sri Subramanyeswara Rice mill, and no records pertaining to the huge quantity of rice stocks found in the said rice mill, and as 3 BSB,J W.P.No.4858 of 2025 per the confessional statement given by the rice mill clerk, the inspecting officers confirmed that the rice quantity of 135.50 quintals in 271 bags stored illegally in the rice mill are meant for PDS rice and they have reason to believe that the rice miller Sri Immadisetty Srinvasa Rao @ Vasu is involved in procuring the PDS rice and resorted to transfer the same into the plastic bags with brand name and stored illegally in the rice mill for transportation into the black market for his pecuniary gains, and thereby, contravened the provisions of law under A.P. State Targeted PDS (Control) Order, 2018. So, they have decided to file a case U/s 6(a) in terms of A.P. State Targeted PDS (Control) Order, 2018 r/w Essential Commodities Act, 1955. Hence, they seized the available rice stocks of 135.50 quintals of rice in 271 yellow coloured plastic bags worth of Rs.5,01,350/- (open market value) in the presence of mediators and handed over the seized stocks of rice to Sri A.Thirupati Reddy, Incharge, MLS point, Tripurantakam for safe custody until receipt of further orders from the Collector (Civil Supplies), Prakasam District under proper receipt.” The petitioner was directed to submit explanation within seven days from the date of receipt of the above notice. Thereafter, the petitioner approached the 2 respondent and explained that he was not diverting/transporting any PDS rice and requested the 2^"^ respondent to release the seized stock. However, the 2"^^^ respondent, without considering his request for release of seized stock, passed the impugned order, vide proceedings No.Rc.CS1/6A/92/ 2023, dated 18.10.2023, as interim disposal order, directing the 4 b. th 4 BSB, J W.P.No.4858of 2025 respondent to dispose of the seized stock of rice of 135.50 quintals in 271 yellow coloured plastic bags worth Rs.5,01,350/- through public auction and to remit the sale proceeds, after obtaining confirmation of auction from the 2^^ respondent, into revenue deposits pending initiation of 6-A proceedings. The stock was seized on 03.10.2023 and since then, the same was kept idle in the said stores. No public auction has been conducted till today. Hence, this writ petition. c. The learned counsel for the petitioner submitted that in spite of the order for auction, so far the commodity had not been sold nor had it been released. 4. The learned Assistant Government Pleader for Civil Supplies placed on record written instructions. As per the written instructions, the vehicle was released pursuant to the order, dated 15.11.2023, in W.P.No.29513 of 2023. It is submitted that the proceedings directing sale of rice by auction as well as show cause notice for confiscation were issued on the same day though an explanation was called in the show cause notice. 5. However, the instructions are silent as to whether the rice was sold pursuant to the impugned order directing sale of rice by auction or 6. not. Therefore, learned counsel for the petitioner contended that the stock is still available. 7. Then, the learned Assistant Government Pleader submitted that the petitioner has to file an application before the concerned authority 8. 5 BSB,J W.P.No.4858of 2025 >7^ for release of the stock, but the petitioner filing the writ petition, that too, after such Perused the record. cannot approach this Court by a long time. 9. 10. The impugned proceeding 2023. It is not known why the authorities was passed way-back in the year have kept the impugned order pending without being acted upon. Anyhow, since the stock available, the petitioner can be permitted to make is still an appropriate representation for release of the stock. 11. In the result, the Writ Petitiorr is disposed of directing the petitioner to forthwith submit before the appropriate authority, upon receipt of copy of this order, and thereafter, the concerned authority shall within a week. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand an application for release of the stock pass appropriate order thereon closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary - Civil Supplies, State Secretariat, Amaravathi at Velagapudi, Guntur 2. The Collector (CS), Prakasam at Ongole. 3. The Sub-Collector, Markapur, Prakasam 4. The Tahasildar, Triupuranthakam Mandal, 5. The Enforcement Deputy Tahsildar, Singarayakonda District. of Andhra Pradesh District. District.. Prakasam District. Mandal, Prakasam 6. One CC to Sri Kochiri Raja Shekar, Advocate [OPUC] 7. Two CCS to GP for Civil Supplies, High Court of Andhra 8. Three CD Copies. Pradesh. [OUT] ssb HIGH COURT DATED:24/02/2025 ORDER WP.No.4858 of 2025 ■ofANDH^ X 0 5 MAK 2025 Current Section %ioesPATCl?*5<^ Co DISPOSING OF THE W.P. WITHOUT COSTS