APHC010062522018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3189/2018 Between: 1. K SATISH KUMAR, S/O K.PRABHAKAR, AGE 49 YEARS, PROP. VASAVI HANUMAN TRADERS PAVAGADA TOWN, TUMKUR DISTRICT, KARANATAKA STATE. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLY DEPT., SECRETARIAT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH. 2. THE JOINTCOLLECTOR, ANANTAPUR DISTRICT. 3. THE TAHSILDAR, MADAKASIRA, ANANTAPUR DISTRICT. 4. THE CIVIL SUPPLY CORPORATION, REP BY ITS DISTRICT MANAGER,SRI SATYA SAI DISTRICT , EARLIER ANANTAPUR DISTRICT. R4 IS IMPLEADED AS PER THE COURT ORDER DT 28.02.2024 VIDE ORDER PASSED IN I.A.NO 01 OF 2024. ...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 to issue any writ order or direction more particularly in the nature of Mandamus declaring the action of the 2nd respondent herein passed order in proceedings No.R.C.No.K2/208/2012, dated. 07-12-2017, in so fore Read in Column No.12 seized stock under PDS and remitted sale proceeds amount of 2 VS,J W.P.No.3189 of 2018 Rs.17,670/- vide challan bearing No.416 dated. 28-4-2012 under head of account 8443 is illegal, arbitrary and against law and consequently direct the 2nd respondent to pay the Value of the seized Rice Stocks worth Rs.3,25,800/- only as per invoice, with interest from the date of Seizure 09-03- 2012 till the date of payment to the petitioner and pass IA NO: 1 OF 2018 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 release the amount value of seized stock of Rs. 3,25,800/-by considering representation of the petition made on 20-12¬2017 pending disposal of the Writ petition and pass IA NO: 1 OF 2024 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 implead the proposed respondent who is The District Manager, Civil Supply Corporation Sri Satya Sai District, Earlier Anantapur District, as 4th respondent to adjudicate the above writ petition and to pass Counsel for the Petitioner: 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. P HEMA CHANDRA (SC FOR CIVIL SUPPLIES CORP LTD) 2. MD.SALEEM SC For APSCSC Limited,Vijayawda The Court made the following: 3 VS,J W.P.No.3189 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue any writ order or direction more particularly in the nature of Mandamus declaring the action of the 2nd respondent herein passed order in proceedings No.R.C.No.K2/208/2012, dated. 07-12-2017, in so fore Read in Column No.12 seized stock under PDS and remitted sale proceeds amount of Rs.17,670/- vide challan bearing No.416 dated. 28-4-2012 under head of account 8443 is illegal, arbitrary and against law and consequently direct the 2nd respondent to pay the Value of the seized Rice Stocks worth Rs.3,25,800/- only as per invoice, with interest from the date of Seizure 09-03-2012 till the date of payment to the petitioner and pass” 2. The petitioner herein is the proprietor of Vasavi Hanuman Traders, Pavagada town, Tumkur district, Karnataka State and is a trader of rice. The respondent authorities confiscated the stocks belonging to the petitioner to a tune of 362 bags of alleged PDS on 09.03.2012, which was being transported in vehicle bearing No.AP 02 U 6299. Thereafter, based on the report submitted by the Tahsildar, Madakasira under Section 6A of the Essential Commodities Act, 1955, the Tahsildar, Madakasira, vide Rc.No.K2/208/2012, dated 14.03.2012 was directed to dispose of the entire seized stocks of rice in 362 bags and to remit the sale proceeds to the head of the account „8443‟ Revenue deposits account. In compliance to the same, the Tahsildar has disposed of the entire seized stock and remitted sale proceeds amount of Rs.17,670/- vide challan No.416, dated 28.04.2012. 3. Subsequently, the petitioner herein, who owns the seized stock, filed a petition before the 2nd respondent, by duly enclosing the order copy of the 4 VS,J W.P.No.3189 of 2018 Judicial First Class Magistrate, Madakasira in C.C.No.37 of 2012, dated 08.05.2014 and requested to release 362 bags of rice to him. In the said order, it is stated that the prosecution failed to prove that the seized rice was transported from MLS point, Ananthapuramu; it further observed that the petitioner herein has transported the said stock under valid license and permit. As the application filed by the petitioner dated 17.10.2016, under Section 6(c)(2) of the Essential Commodities Act, 1955 was not being considered, the petitioner approached this Court by filing W.P.No.36154 of 2017, wherein this Court, having observed that the petitioners therein were acquitted in the criminal case in respect of confiscation proceedings and are entitled for release of the stocks and security deposit, disposed of the same on 06.11.2017 by directing the 2nd respondent to consider the application filed by the petitioner. 4. Accordingly, the 2nd respondent, vide the impugned order dated 07.12.2017, directed the 3rd respondent to draw the entire sale proceeds amount from 8443 head of account and to handover the same to the petitioner herein. The grievance of the petitioner is that though the seized stock is worth Rs.3,25,800/-, only Rs.17,670/- was remitted to him. Aggrieved by the same, this writ petition is filed. 5 VS,J W.P.No.3189 of 2018 5. Heard Sri. I. Venkata Prasad, learned counsel for the petitioner and Sri. Thadisetti Venkata Ananda Rao, learned Assistant Government Pleader for Civil Supplies. 6. For better appreciation, Section 6(c)(2) of the Act, 1955 is extracted hereunder: “(2) Where an order under section 6A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to return the essential commodity seized such persons shall, except as provided by sub-section (3) of section 6A, be paid the price therefore as if the essential commodity, had been sold to the Government with reasonable interest calculated from the day of the seizure of the essential commodity…” 7. From the above, it can be understood that as and when a person is acquitted from the charges leveled against him and it is not possible for any reason to return the seized essential commodity, such person shall, except as provided under sub-section (3) of Section 6A of the Essential Commodities Act, 1955, be paid the price therefore, as if the essential commodity had been sold to the Government along with reasonable interest calculated from the day of the seizure of the essential commodity. However, today, when the writ petition came up for hearing, Sri. Thadisetti Venkata Ananda Rao, learned Assistant Government Pleader, on oral instructions from the 2nd respondent, 6 VS,J W.P.No.3189 of 2018 submitted that the 2nd respondent is ready to release either the seized stock to a tune of 176.69.270 quintals of the rice or to pay the value of the seized stock in favour of the petitioner within a period of four (4) weeks, in accordance with Section 6(c)(2) of the Essential Commodities Act, 1955. 8. Recording the submissions of Sri. Thadisetti Venkata Ananda Rao, learned Assistant Government Pleader, this writ petition is disposed of and the 2nd respondent is directed to take a decision to either release the entire seized stock of 176.69.270 quintals of rice or to pay the value of the said seized stock to the petitioner, in accordance with Section 6(c)(2) of the Essential Commodities Act, 1955 within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 06.01.2026 Gss