IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE ^ PRESENT " THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5581 OF 202^ ^ o 3 o Between: Sri Navadurga Rice Traders, Rep. By its Proprietor, Thupakula Pavan Kalyan, aged about 38 years S/o. Thupakula Krishnaiah, Door No. 6/720 Proddatur Road, MydukurTown and Mandal, Y.S.R District. ...PETITIONERS 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. 4. The District Supply Officer, Kadapa, YSR District ...RESPONDENTS _ Petition under Article 22'6 of the Constitution of India 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., 30,305 kgs of rice in Ref.No. l(2)/43/2023, dated 08.06.2023 to the petitioner as illegal, improper arbitrary and without any power of authority under law and violation of Articles of 14 and 19(1) (g) of the constitution of India and contrary to the provisions of Essential praying that may one Commodities Act, 1955 and the orders made there under consequently direct the respondents authorities to release the seized stock to the petitioner.^ lA NO: 1 OF 2025 ^ Petition under Section 151 CPC 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 respondents to release the confiscation of the stock i.e., 30,305 kgs of rice in favour of the Petitioner in Ref.No. 1(2)743/2023, dated 08.06.2023 as per order^ pending disposal of the above Writ Petition. _ Counsel for the PetitionerSRI SHAIK MEERAVALI Counsel for the Respondents: GP FOR CIVIL SUPPLIES The Court made the following: ORDER APHC010103082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3459] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5581/2025 Between: ...PETITIONER Sri Navadurga Rice Traders AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SHAIKMEERAVALI Counsel for the Respondent(S): 1.GPFOR CIVIL SUPPLIES The Court made the following: ORDER: This writ petition is filed for the following relief; “ to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus directing the respondents to return the confiscation of the stocks i.e., 30305 kgs of rice in Ref.No.l(2)/43/2023, dated 08.06.2023, to the petitioner as illegal, improper arbitrary and without any power of authority under law and violation of Articles of 14 and 19(1) of the Constitution of India and contrary to the provisions of Essential Commodities Act, 1955 and the orders made there under and consequently direct the respondents 2 js,j W.P No.SSai/2025 authorities to release the seized stock to the petitioner and to pass such other order or orders ” The Enforcement Deputy Tahsildar, Kadapa, inspected the 2. petitioner’s vehicle with registration No.AP 04 TW 4665 at Utukur Panchayat, Kadapa and seized 600 bags of rice along with the vehicle. Additionally, he filed a report against the driver and owner of the vehicle, which was registered as a case in Crime No. 15/2023 for the offences under Section 420 of IPC and Section 7(1) of the Essential Commodities Act, 1955. 3. The Special Judicial Magistrate of First Class for Prohibition and Excise Offences, Kadapa, acquitted the petitioner and three other accused on 09.07.2024. In the light of their acquittal in the criminal case, the petitioner filed an application before the 2"^^ respondent on 31.07.2024 to return the confiscated stock. The learned counsel for the petitioner argues that, according to Section 6-A(3)(c) of the Essential Commodities Act, the seized stock must be returned to the person from whom it was taken, if that person is acquitted. The learned counsel relied on the oral orders issued by a Single Judge of this Court in W.P.No.13778 of 2005, dated 29.06.2005, and the relevant portion of the order is extracted as follows: 4. “Section 6-C(2) of the Act ordains inter alia that where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under 3 JS,J W.PNo.5581/2025 Section 6-A, the person concerned is acquitted, and in either case it is not possible, for any reason to return the essential commodity seized, such person shall be paid the price therefore as if the essential commodity has been sold to the Government with reasonable interest from the day of the seizure of the essential commodity and that the price of the commodity shall be determined in the manner provided in Section 6-C. The learned Government Pleader is agreed that in view of the provision of Section 6-C(2) of the Act, the petitioner is entitled to refund of the value of the essential commodities seized from him and which was sold pending Section 6-A proceedings in view of his acquittal in C.C.No.46 of 2003, if no appeal has been preferred against the judgment in C.C.No.46 of 2003 and in which an appellate Court had not suspended the order of acquittal.” ' On 09.07.2024, the petitioner was acquitted by the Special Judicial 5. Magistrate of First Class for Prohibition and Excise Offices, Kadapa. The State has not filed any appeal against the acquittal in C.C.No.550/2023 and it has attained finality. In the light of this, the petitioner is entitled to return of the seized stock. As the petitioner’s application is pending consideration before the 2 respondent, this Court finds it appropriate to issue orders regarding the same. Accordingly, this Writ Petition is disposed of, in accordance with the orders passed in W.P. No. 13778 of 2005, at the admission stage, directing the 2'^'^ respondent to consider the application of the petitioner. 6. dated 31.07.2024, which was filed for the release of the seized stock of 600 bags of rice and to pass appropriate orders thereon, after affording the petitioner a reasonable opportunity, within four (4) weeks from the date of receipt of a copy of this order. No order as to costs. 4 JS.J W.P No 5581/2025 Q As a sequel, miscellaneous petitions, if any, pending shall stand closed. \ Sd/. M RAIWESH BABU DEPUTY registrar F' //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, State of Andhra Pradesh, 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 4. The District Supply Officer, Kadapa, YSR District 5. One CC to SRI. SHAIK MEERAVALI, Advocate [OPUC] 6. Two CCS to GP FOR CIVIL SUPPLIES, High Court of Andhra Pradesfr^ [OUT] 7. Three C.D.Copies nm HIGH COURT DATED:20/03/2025 ORDER WP.No.5581 of 2025 ^ ANDH^ X 2 9 MAR 2025 ft^ Current Section DISPOSING OF THE WP WITHOUT COSTS