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2026 DAILYLAW 17236 (AP)

M/s. Viseswara Oil and Lubricants Pvt. Ltd. v. The State of Andhra Pradesh

WP/4716/2026 · 2026-02-17

Ravi Cheemalapati

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010080362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4716/2026 Between: 1. M/S. VISESWARA OIL AND LUBRICANTS PVT. LTD., REP. BY ITS AUTHORIZED SIGNATORY - M. SUBASH, OFFICE AT PLOT NO.61 AND 62, CHITYAL INDUSTRIAL AREA, GOPLAIPALLY VILLAGE, NARKETPALLY MANDAL, NALGONDA DISTRICT - 508254, TELANGANA STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, CIVIL SUPPLIES DEPT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE COMMISSIONER, , CIVIL SUPPLIES CORPORATION, 3RD FLOOR, SRI SAI TOWER, AUTO NGAR, VIJAYAWADA, KRISHNA DISTRICT. 3. THE REGIONAL VIGILENCE AND ENFORCEMENT OFFICER, REGIONAL VIGILENCE AND ENFORCEMENT OFFICE, DR.B.R. AMBEDKARA KONASEEMA DISTRICT. 4. THE DISTRICT COLLECTOR CIVIL SUPPLIES, , DR. B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 5. THE DISTRICT CIVIL SUPPLY OFFICER, DR. B.R. AMBEDKARKONASEEMADISTRICT, MUMMADIVARAM. 6. THE ENFORCEMENT DEPUTY TAHSILDAR, RAVULAPALEM VILLAGE AND MANDAL DR. B.R. AMBEDKAR KONASEEMA 2 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action the respondents in seizing the vehicle bearing Registration No. AP39 UY 6662 along with 29,000 liters of Mineral Turpentine Oil under the alleged mediator report dt.04.02.2026 in an high handed manner despite of submission of valid Invoices and e-way bills and without having any authority and to declare the same as illegal, arbitrary and unconstitutional and also violative of Articles 14, 19 and 21 of the Constitution of India and in violation of provisions of Essential Commodities Act, 1955 and consequently direct the respondents to release the vehicle forthwith along with seized stock in the interest of justice 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 grant interim-custody of the vehicle bearing Registration No. AP39 UY 6662 along with 29,000 liters of Mineral Turpentine Oil in the interest of justice and pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 ORDER: To declare the action of the respondents in seizing the vehicle bearing Registration No.AP39 UY 6662 along with 29,000 liters of mineral turpentine oil under the mediator report dated 04.02.2026 even though there are valid invoices and e-way bills and without having any authority, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri G.L.Nageswara Rao, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies for the respondents. 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, contended that the petitioner firm is a registered firm carrying on business operations in the field of import and export of various oils and lubricants used in industries and factories. For the said purpose, the petitioner firm hired a lorry tanker with bearing registration No.AP39 UY 6662 for fright purpose. While so, on 04.02.2026, when the subject vehicle was proceeding from ONGC, Tatipaka with proper invoices and e-way bills and upon reaching Ravulapalem Village, the driver of the said vehicle parked it in Sri Teja Earth Movers parking area. At that time, respondent Nos.3 & 6 intercepted and seized the said vehicle on the allegation that it was illegally transporting mineral turpentine oil without valid invoices and e-way bills. As such, prayed to direct the respondents to release the seized vehicle along with stock. 4 Learned counsel for the petitioner further submitted that in the similar set of facts, this Court, in W.P.No.30453 of 2025 has directed the authorities to release stock and vehicle on furnishing personal bonds equivalent to the value of the stock, and as such, prayed to pass similar orders in this writ petition. 4. To the said submission, learned Assistant Government Pleader for Civil Supplies reported no objection. 5. Taking their submissions into consideration and the judgment relied by the parties referred supra, as there is no justification for the respondents to retain the stock and the vehicle, particularly when the ownership and invoices and e-way bills are also furnished, this Court is inclined to dispose of the writ petition at admission stage by passing the following order: “The respondent authority concerned is directed to release the seized vehicle bearing Registration No.AP 39 UY 6662 along with the stock to the petitioner upon furnishing personal bond to the value of the stock, within a period of two (02) weeks from the date of receipt of a copy of this order.” 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 18th February, 2026 Note: Issue CC by 19.02.2026 B/o JLV 5 34 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4716/2026 Date: 18th February, 2026 Note: Issue CC by 19.02.2026 B/o JLV