APHC010250962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13140/2026 Between: 1. YERRAMSETTY KISHORE BABU, S/O LATE SAMBASIVA RAO AGED ABOUT 42 YEARS, PROPRIETOR, M/S SRI LAKSHMI SRAVAN RICE TRADERS, MADDIRALA VILLAGE, CHILAKALURIPET MANDAL, PALNADU DISTRICT, AP ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 522238 2. THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE. 523001, AP 3. THE CIVIL SUPPLIES DEPUTY TAHSILDAR, TANGUTURU, PRAKASAM DISTRICT-523274, AP 4. THE STATION HOUSE OFFICER, TANGUTURU POLICE STATION , TANGUTURU, PRAKASAM DISTRICT-523274, AP ...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 appropriate Order, Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing proceedings vide RC. CS1/6A/01/2025 dated 09-02-2026 wherein rejected the request made by the petitioner to release the seized stock of 225.00Quintals of rice in 450 bags seized under mediatornama dated 06-01-2026 as being illegal, arbitrary and unjust and consequently set aside the same and further direct the 2nd respondent to release the seized stock of 225.00 Quintals of rice 450 bags in pursuant to mediatornama dated 06-01-2026 and pass such 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 respondents to release the seized stock of 225.00 Quintals of rice 450 Bags to the petitioner seized in pursuant to the mediatornama dated 06-01-2026 on furnishing the third party surety personal bond, pending disposal of the main Writ Petition, and pass such Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: ORDER Heard Ms.B.Nirupama, learned counsel representing Smt.Kavitha Gottipati, learned counsel for the petitioner and Sri A.Vineeth, learned Assistant Government Pleader for Civil Supplies, the respondents 1 to 3. 2. Assailing the proceedings issued by the 2nd respondent vide Rc.SC1/A6/01/2025, dated 09.02.2026 (Ex.P1), declining to release the stocks of 22.5 MTS rice on bank guarantee in connection with CS1/6A/01/2025, the above writ petition is filed. 3. Averments in the affidavit, in brief, are that a) The petitioner is doing business in the name and style of M/s Sri Lakshmi Sravan Rice Traders, Maddirala village. The petitioner is purchasing paddy and rice from the ryots and wholesale dealers through valid bills. On 16.09.2020, when the petitioner was transporting 250 quintals of rice in a lorry bearing No.AP27 TY 7639, the then Deputy Tahsildar, Pedapadu Mandal, along with Vigilance & Enforcement officials, intercepted the lorry and, upon verification, the officials seized the lorry along with stock of 500 bags of rice, on the allegation that the said rice is PDS rice and lodged a case against the petitioner under Section 6-A of E.C. Act. The petitioner filed W.P.No.18194 of 2020 to release the seized stock in pursuance of the mediatornama dated 16.09.2020. An interim order was granted directing the respondents to release the seized stocks, subject to the petitioner furnishing immovable property security for the value of the stock seized. The petitioner furnished third-party surety for Rs.4,50,000/- before the 2nd respondent; however, the authority was not satisfied with the documents furnished by the petitioner. The authority issued a final order to confiscate the seized stock to the Government and also imposed a fine of Rs.10,00,000/- on the owner of the vehicle. b) The petitioner filed an appeal before the Principal District & Sessions Judge, Eluru, who passed the judgment dated 10.03.2022 modifying the order of the 2nd respondent, Joint Collector, reducing the confiscation of 100% stock to 70% and also reducing the fine of Rs.10,00,000/- to Rs.3,00,000/-, insofar as the vehicle is concerned. Page 4 of 5 Against the said order, the petitioner filed W.P.No.28316 of 2022, and on 06.09.2022, an order was passed to release the seized stock and vehicle. In pursuance of the said order, the authority released the vehicle immediately, and after the final order was passed on 19.11.2025, the stock was released on 24.11.2025. The petitioner shifted the stock to his Godown at Maddirala village, Chilakaluripet Mandal. c) Out of the stock mentioned supra, the petitioner was transporting 225 Quintals of rice in 450 bags in the vehicle bearing No.AP07 TB 3672 to Sri Venkata Ramana Poultry Farm, Nellore, SPSR Nellore District, through a valid bill dated 05.01.2026, the 4th respondent, along with his staff, intercepted the vehicle and seized the stock along with the vehicle on the allegations that the said rice is PDS rice. The 4th respondent also registered a case in Crime No.2 of 2026 under Section 316 (4) r/w 3 (5) of BNS and Section 7 of the Essential Commodities Act. The seized stock was kept with the in-charge MLS Point, Singarayakonda. d) The petitioner filed an application before the 2nd respondent seeking the release of the stock; however, the same was rejected by the proceedings impugned (Ex.P1). 4. Learned counsel for the petitioner, as well as learned Assistant Government Pleader for Civil Supplies the respondents 1 to 3, would fairly submit that the issue involved in this writ petition is covered by the order in W.P.No.4027 of 2023, dated 21.02.2023, wherein the learned single Judge of this Court ordered to release the stock, pending completion of 6-A proceedings, subject to certain conditions. 5. Learned Assistant Government Pleader for Civil Supplies, the respondents 1 to 3, on the instructions of the Collector (CS), Prakasam District, would submit that the stock seized is not put to auction. 6. Since the issue involved in this writ petition is squarely covered by the order in W.P.No.4027 of 2023, dated 21.02.2023, without touching the merits of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the 2nd respondent to release the rice seized rice pursuant to Mahazarnama dated 06.01.2026 in favour of the petitioner on condition of furnishing immovable property security situated in State of Andhra Pradesh equivalent to the value of seized rice, within a period of two weeks from the date of receipt of a copy of this order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD