APHC010229972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11898/2026 Between: 1. ANAKALA NARAYANA, S/O GANGAYYA AGE. 30 YEARS, OCC. DRIVER (OWNER OF THE VEHICLE NO.AP 39 UD 0443) R/O D.NO.17-1-17, GODDUVANIPALEM PEDAGANTYADA, VISAKHAPATNAM CITY, VISAKHAPATNAM DIST. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.-522237 2. THE JOINT COLLECTOR, VISAKHAPATNAM DIST., AT VISAKHAPATNAM. PIN.530002 3. THE SR CHECKING INSPECTOR, PEDAGANTYADA AREA O/O ASSISTANT SUPPLY OFFICE, CIRCLE-ILL, GAJUWAKA, VISAKHAPATNAMCITY.-530026 4. THE STATION HOUSE OFFICER, PEDAGANTYADA PS, VISAKHAPATNAM CITY-530026 ...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 topleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the Memo issued by the 2nd respondent vide SR.NO.45/2025/S1 dt.22-12-2025 (to the extent of imposing condition) directing the petitioner to furnish the Bank Guarantee for Rs.4,00,000/- for release of seized Ashok Leyland (Bada Dost 14T Add) bearing Registration No.AP 39 UD 0443, which was seized for the offence under Sec.6-A of Essential Commodities Act, 1955 on 10-3-2025 on the alleged transportation of PDS rice is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the condition imposed by the 2nd respondent and further direct the respondents to release the seized vehicle in favour of the petitioner , 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 pleased to direct the respondents to release the seized Ashok Leyland (Bada Dost 14T Add) bearing Registration No.AP 39 UD 0443, in favour of the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11898/2026 ORDER: Declaring the memo issued by the 2nd respondent vide SR.No.45/2025/S1, dated 22.12.2025 (to the extent of imposing condition) directing the petitioner to furnish a Bank Guarantee for Rs.4,00,000/- for release of Ashok Leyland (Bada Dost 14T Add) bearing Registration No.AP 39 UD 0443, which was seized in connection with an offence under Section 6-A of the Essential Commodities Act, 1955, on 10.03.2025 on the allegation of transportation of PDS rice, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 3. The learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies collectively submitted that, the issue involved in this Writ Petition is squarely covered by the order of a Coordinate Bench of this Court dated 20.06.2025 in Writ Petition No.14640 of 2025 which is placed on record and prayed to pass order on the same lines. 4. Taking into consideration the submissions of both the learned counsel and following the above said order and for the reasons alike, this Writ Petition also stands disposed of in terms of the orders referred supra. 5. Accordingly, the Writ Petition is disposed of directing the respondents to release the subject vehicle, on furnishing third party immovable property security for an amount of Rs.4,00,000/- (Rupees Four Lakhs Only) by the petitioner. The petitioner is further directed to file undertaking before the respondents that he shall not alienate or create third party interest over the subject vehicle during pendency of the 6-A proceedings. It is needless to mention that the said undertaking shall also contain a recital that the petitioner shall not substantially alter or change the condition of the subject vehicle. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 28.04.2026. JLV 45 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11898/2026 Date: 28.04.2026 JLV