APHC010008912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 532/2026 Between: 1. YANAMALA KRISHNA REDDY, S/O PARANDHAMAIAH, AGE 46 YEARS, AGRICULTURIST, R/O VENGAMPALLI VILLAGE, REVURU POST, ANANTASAGARAM MANDAL, SPS NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR CIVIL SUPPLIES, SPS NELLORE DISTRICT. 3. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, ATMAKUR, SPS NELLORE DISTRICT. ...RESPONDENT(S): 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of respondent No.3 in seizing 238 bags of raw rice weighing 50 kgs each and two tractor trolleys bearing Nos.AP26 TC8690 and AP26 CD9166 belong to the petitioner under cover of Panchanama dt.03.09.2025 and further order of the 2 respondent passed in Rc.B2.187/2025, dt.27.12.2025, wherein and where under he ordered to sell the seized stock through public auction and directing the nd petitioner to 2 VS, J W.P.No.532 of 2026 furnish the bank FDR for an amount of Rs.50,000/- from Nationalized Bank for a period of three years validity for release of the seized trolleys as illegal, arbitrary, without any authority of law or jurisdiction and violative of Articles 14 and 19(l)(g) of the Constitution of India and the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the any contrary to same and consequently direct the respondents release the seized stock and the trolleys to the petitioner and not to take action in pursuance of the illegal seizure and pass IA NO: 1 OF 2026 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 2nd respondent to release the seized stock as well as tractor trolleys bearing Nos.AP26 TC8690 and AP26 CD9166 to the petitioner by suspending the order of the 2nd respondent passed in Rc.B2.187/2025, dt.27.12.2025, pending disposal of writ petition and pass Counsel for the Petitioner: 1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS, J W.P.No.532 of 2026 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- <…to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of respondent No.3 in seizing 238 bags of raw rice weighing 50 kgs each and two tractor trolleys bearing Nos.AP26 TC8690 and AP26 CD9166 belong to the petitioner under cover of Panchanama dt.03.09.2025 and further order of the 2nd respondent passed in Rc.B2.187/2025, dt.27.12.2025, wherein and where under he ordered to sell the seized stock through public auction and directing the petitioner to furnish the bank FDR for an amount of Rs.50,000/- from any Nationalized Bank for a period of three years validity for release of the seized trolleys as illegal, arbitrary, without any authority of law or jurisdiction and violative of Articles 14 and 19(1)(g) of the Constitution of India and contrary to the provisions of the Essential Commodities Act, 1955 and the Orders made there under and set aside the same and consequently direct the respondents to release the seized stock and the trolleys to the petitioner and not to take any action in pursuance of the illegal seizure.....= 2. Brief facts of the case are as follows: a) The petitioner is a ryoth owning an extent of Ac.7-83 cents of agricultural land in Inagaluru revenue village, Ananthasagaram Mandal, SPSR Nellore District. The petitioner raised paddy in his fields and got the same 4 VS, J W.P.No.532 of 2026 milled, intending to sell the resultant rice at Nellore to fetch a better price. The rice obtained after milling was packed in 238 jute bags, each weighing 50 kgs, and stored the same in a house in his agricultural land. b) While the things stood thus, on 03.09.2025 at about 11.30 a.m., the 3rd respondent along with other revenue officials and the Station House Officer, Anantasagaram Police Station, conducted a surprise visit of the said house and seized the rice high handedly alleging that the rice is PDS rice and also seized two tractor trolleys bearing Nos.AP26 TC8690 and AP26 CD9166, which were stationed in front of the said house and were purchased by the petitioner for agricultural purposes under agreements of sale dated 17.05.2025 and 04.06.2025 respectively. Even though the authorities were aware that the seized rice was not PDS rice but was obtained by milling the paddy grown in his own fields, the same was seized in high-handed manner under a panchanama dated 03.09.2025. A criminal case was registered by the S.H.O., Anantasagaram Police Station, vide Crime No.43 of 2025 for the offences under Section 318 (4) of BNS 2023 and Section 7 of the Essential Commodities Act, 1955. c) The case of the petitioner is that the respondent No.3 did not collect any samples at the time of seizure to send for analysis and on the other hand the said seized stock was handed over to the In-charge MLS Point, Atmakur and the two trolleys were kept in Anantasagaram P.S. Thereafter, on 04.09.2025 the respondent No.3 submitted a report to respondent No.2 to 5 VS, J W.P.No.532 of 2026 initiate proceedings under Section 6-A of the Essential Commodities Act, 1955. Thereafter, the petitioner submitted an application on 22.11.2025 before respondent No.2, seeking release of the seized rice. However, respondent No.2 passed the impugned order vide Rc.B2.187/2025 dated 27.12.2025 ordering to sell the seized stock i.e., 238 bags of PDS rice (jute bags) through public auction and also to release the seized trolleys subject to the petitioner furnishing a Bank Fixed Deposit Receipt of Rs.50,000/- from any Nationalized bank for a period of three years, pending finalization of 6-A proceedings. d) While ordering to dispose of the seized stock through public auction, respondent No.2 directed the Assistant Manager (Technical), office of the District Manager, APSCSCL, SPSR Nellore District to draw samples from the custodian and submit an analysis report. The petitioner contends that, in the absence of any material or evidence to establish that the seized stock is PDS rice, the order directing disposal of the rice through public auction is illegal and arbitrary. Hence, the present writ petition. 3. Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader for Civil Supplies. 4. The learned Assistant Government Pleader has stated that even as per the impugned order passed by the 2nd respondent, it can be observed that the release of the seized stock was rejected, as the seized stock i.e.,238 jute bags of rice, (each weighing 50 kgs) belongs to Public Distribution System rice. 6 VS, J W.P.No.532 of 2026 5. However, as the request of the petitioner is only to the extent of release of the stock pending finalization of the proceedings under Section 6-A of the Essential Commodities Act, 1955, and in view of the facts and circumstances, this Court feels it appropriate to direct respondent No.2 to release the seized stock i.e., 238 jute bags of rice, (each weighing 50 kgs) on the petitioner furnishing the third-party immovable property security as well as personal bond to the extent of the value of the seized stock, as fixed by the respondent authorities, within a period of two (02) weeks from the date of receipt of copy of this order, subject to final orders to be passed under Section 6(A) of the Essential Commodities Act, 1955. 6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 07.01.2026 KGR