APHC010251102026 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: 13188/2026 Between: 1. GOPU SRINIVASA RAO, S/O GOPU CHINNA NASARAIAH AGED ABOUT 38 YEARS, R/O 4-29, BOGGARAM, KONDAYAPALEM, GUNTUR DISTRICT-522658 ...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 ANDHRA PRADESH ...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, to declare the action of the 2nd respondent in issuing the impugned order RC.CS1/6A/01/2025 dated 09-02-2026, wherein directed the petitioner produce Bank Guarantee for an amount of Rs.6,00,000/- towards release of Ashok Leyland Vehicle bearing No.AP07TB 3672 seized in Cr.No.02/2026 under mediatornama dated 06-01-2026 as arbitrary, illegal, and unjust and consequently direct the 2nd respondent to modify the order dated 09-02-2026 insofar as Bank Guarantee for Rs.6,00,000/- is concerned to that of third party immovable property security/personal bond 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 Vehicle bearing No. AP 07TB3672 seized in Cr. No. 02/2026 under mediatornama dated 06-01- 2026 on the file of the 4th respondent by accepting the third party Immovable property security/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 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), directing the release of the Ashok Leyland Vehicle bearing No.AP07 TB 3672, on bank security of Rs.6,00,000/- from any nationalised bank, the above writ petition is filed. 3. 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.A.No.201 of 2022, dated 15.02.2022. 4. The issue involved in W.A.No.201 of 2022 is that the vehicle bearing No.AP04 TU 4775 was seized in connection with an illegal transportation of 500 bags of PDS rice. On an application for the release of a vehicle, an order was passed by the authority to furnish a bank guarantee of Rs.9,00,000/-. The writ petition was filed, and the learned single Judge disposed of the same, directing the writ petitioner therein to deposit cash security of Rs.2,25,000/- and for the remaining Rs.6,75,000/- by executing a personal bond in favour of the appropriate authority. In the appeal, the Division Bench, to which I am a party, observed thus: “4. Having heard the learned counsel for the parties, we are inclined to dispose of the writ appeal by directing the concerned respondent to release the vehicle (lorry) bearing No. AP-04-TU-4775, on furnishing third party immovable property security to the value of Rs.9,00,000/- (Rupees nine lakhs only) by the appellant/writ petitioner before the 6-A Authority and also furnishing an undertaking that the appellant/writ petitioner shall not alienate or create third party interest over the subject vehicle during pendency of the proceedings before the 6-A Authority. The undertaking shall also contain a recital that the appellant/writ petitioner shall not substantially alter or change the condition of the subject vehicle.” 5. In the case at hand, the vehicle bearing No.AP07 TB 3672 was seized when it was involved in the transportation of PDS rice. A case in Cr.No.2/2026 dated 06.01.2026 under Section 316 (4) r/w 3 (5) of BNS and Section 7 of the Essential Commodities Act. On application made by the petitioner, the 2nd respondent, by the proceedings impugned (Ex.P1) directed the release of the vehicle on furnishing the bank guarantee of Rs.6,00,000/- from any nationalised bank with a validity of three years. 6. As noted supra, since the issue involved in this writ petition is squarely covered by the order in W.A.No.201 of 2022, dated 15.02.2022, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side with the following directions: i) The 2nd respondent shall release the vehicle bearing No.AP07 TB 3672 on furnishing third-party security/personal immovable property security to the value of Rs.6,00,000/- (Rupees six lakhs only) by the petitioner before the 6-A Authority. ii) The petitioner shall furnish an undertaking that he shall not alienate or create a third-party interest over the subject vehicle during the pendency of the proceedings before the 6-A Authority. iii) The undertaking shall also contain a recital that the petitioner shall not substantially alter or change the condition of the subject vehicle. iv) No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD