APHC010691602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35781/2025 Between: 1. KANDREGULA TULASIRAM, S/O MOLLI NAIDU, AGED 66 YEARS, OCC RICE MILLER, R/O MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DIST.-531033 2. SMT.JALA INDHIRA, W/O NAGULU AGE 39 YEARS, OCC HOUSEWIFE R/O H.NO.1-135/A, THIMMAPURAM VILLAGE KAKINADA MANDAL, EAST GODAVARI DIST. PIN 533406 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.-522237 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. -522237 3. THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, ANAKAPALLI TOWN AT ANAKAPLLI DIST. PIN 531001 4. THE STATION HOUSE OFFICER, MUNAGAPAKA P.S., ANAKAPALLI DIST. PIN 531003 5. THE MANDAL REVENUE INSPECTOR CS, MUNAGAPAKA MANDAL, ANAKAPALLI DIST. PIN 531003 VS,J W.P No.35781 of 2025 2 ...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 tomay be pleased to issue Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus (I) declaring the order passed by the 3rd respondent vide CC.No.66/2025/SA-508-09-2025 dt.08-09- 2025 confiscating 100percent of the seized petitioners auction stock of 1,200 Kgs to the Government and imposing penalty of Rs.1,50,000/- on the seized vehicle bearing No. AP 39 TL 2239 basing on the seizer panchanama, dt.05- 05-2025 in absentia of prima-facie allegation of procuring the PDS rice from the Fair Price Shop dealers or ration card holders, without sending the seized PDS rice to the expert/competent person for chemical analysis to ascertain whether the seized rice is auctioned PDS rice or not, and in not considering the auction documents filed by the petitioner as illegal, arbitrary, without application of mind and violation of Article 19 (1) (g) of constitution of India apart from violation of principles of natural justice and also contrary to the provisions of The Essential Commodities Act, 1955 and The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and consequently setaside the impugned proceedings and handover the seized petitioner's auction stock of 1,200 Kgs and vehicle bearing No. AP 39 TL 2239 to the petitioner, and (II) declaring the action of 4th respondent in registering the crime vide F.LR No.83/2025 dt.06-05-2025 on the file of Munagapaka P.S., Anakapalli District., in pursuant to the complaint dt.06-05- 2025lodged by the 5th respondent is illegal, arbitrary and consequently quash the FIR insofar as the petitioner/accused No.1 is concerned and pass any other order this Honble Court may deem fit in the interest of Justice. IA NO: 1 OF 2025 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 may be pleased to Suspend the impugned proceedings issued by the respondent No.3 vide CC.No.66/2025/SA-508-09-2025 bearing Computer No.86753, dt.08-09- 2025 directing the respondents not to dispose of the seized stock of 1,200 Kgs by way of fresh auction, pending disposal of the writ petition. IA NO: 2 OF 2025 VS,J W.P No.35781 of 2025 3 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 may be pleased to direct the respondents to release the seized petitioner's auctioned Rice weighing to a tune of 1,200/- KGS, pending disposal of the writ petition. IA NO: 3 OF 2025 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 may be pleased to direct the respondents to release the seized vehicle bearing Nos. AP 39 TL 2239 in favour of the 2nd petitioner, pending disposal of the writ petition. IA NO: 4 OF 2025 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 may be pleased to stay of all further proceedings in F.I.R No.83/2025, dt.06- 05-2025 on the file of Munagapaka P.S., Anakapalli District., to the extent of petitioner/accused No.1, pending disposal of the writ petition. Counsel for the Petitioner(S): 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES VS,J W.P No.35781 of 2025 4 The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue Writ Order or Orders or a Direction more particularly one in the nature of Writ of Mandamus (I) declaring the order passed by the 3rd respondent vide CC.No.66/2025/SA-508-09-2025 dt.08-09-2025 confiscating 100% of the seized petitioner’s auction stock of 1,200 Kgs to the Government and imposing penalty of Rs.1,50,000/- on the seized vehicle bearing No.AP 39 TL 2239 basing on the seizer panchanama, dt.05-05-2025 in absentia of prima-facie allegation of procuring the PDS rice from the Fair Price Shop dealers or ration card holders, without sending the seized PDS rice to the expert/competent person for chemical analysis to ascertain whether the seized rice is auctioned PDS rice or not, and in not considering the auction documents filed by the petitioner as illegal, arbitrary, without application of mind and violation of Article 19 (1) (g) of constitution of India apart from violation of principles of natural justice and also contrary to the provisions of The Essential Commodities Act, 1955 and The Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 and consequently setaside the impugned proceedings and handover the seized petitioner's auction stock of 1,200 Kgs and vehicle bearing No. AP 39 TL 2239 to the petitioner, and (II) declaring the action of 4th respondent in registering the crime vide F.I.R No.83/2025 dt.06-05- 2025 on the file of Munagapaka P.S., Anakapalli District., in pursuant to the complaint dt.06-05-2025 lodged by the 5th respondent is illegal, arbitrary and consequently quash the FIR insofar as the petitioner/accused No.1 is concerned and pass any other order…” 2. Brief facts of the case are as follows: a) The 1st petitioner became the successful bidder in open auctions conducted at Kakinada and Kurnool and purchased a total quantity of 162.046 MTS (159.326 MTS at Kakinada and 22.72 MTS at Kurnool). Pursuant thereto, the Civil Supplies authorities, Kakinada vide proceedings bearing No.V3/CS/198/2022, dated 28.02.2025, released 159.326 MTS of auctioned rice in favour of the 1st petitioner. Similarly the rice purchased in the Kurnool auction, to an extent of 22.72 MTS was released vide proceedings bearing No.CS1/EC-01/2024, dated 12.03.2025. Thus, the 1st petitioner acquired total VS,J W.P No.35781 of 2025 5 quantity of 162.046 MTS of PDS rice through both the auctions, which was required to be lifted from the concerned MLS points. b) While the 1st petitioner was transporting the said auctioned rice on 05.05.2025 from Sugarcane Purchase Center, Munagapaka Village and Mandal, Anakapalli District, the respondent authorities intercepted the vehicles, and seized the auctioned rice along with two vehicles bearing Nos. AP 39 TL 2239 and AP 05 TE 2762 and a panchanama was conducted in the presence of mediators. The seized vehicles were taken on lease by the 1st petitioner from the 2nd petitioner and were being used for transportation of the auctioned rice. c) Pursuant to the report submitted by the 5th respondent, the 3rd respondent initiated two separate proceedings under Section 6-A of the Essential Commodities Act, 1955 and passed the impugned order dated 08.09.2025, confiscating 100% of the seized auctioned stock of 1200 kgs and 1000 kgs to the Government and imposing penalties of Rs.1,50,000/- and Rs.80,000/- on the seized vehicles bearing Nos. AP 39 TL 2239 and AP 05 TE 2762 basing on the panchanamas dated 05.05.2025. d) The impugned final orders passed the respondent No.3 vide C.C.No.66/2025/SA-5 dated 08.09.2025 are challenged on the ground that the District Civil Supply Officer, Anakapalle issued a show-cause notice dated 20.08.2025 under Section 6-B of the Essential Commodities Act, directing the 1st petitioner to appear before the 3rd respondent on 23.08.2025 to submit his VS,J W.P No.35781 of 2025 6 explanation. The said notice was served on the petitioner on 21.08.2025. Accordingly, the petitioner appeared before the 3rd respondent on 23.08.2025 and sought time to submit a detailed explanation along with documentary evidence to establish that the seized rice was lawfully purchased through auction conducted by the Civil Supplies authorities. However, without granting reasonable time or opportunity, the 3rd respondent passed the impugned final order dated 08.09.2025. Challenging the said order, the present writ petition is filed. 3. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Civil Supplies. 4. On a perusal of the show-cause notice dated 20.08.2025 issued under Section 6-B of the Essential Commodities Act by the District Civil Supply Officer, Anakapalle, it can be observed that the petitioner was directed to appear before the 3rd respondent on 23.08.2025 at 11.00 a.m. Admittedly, the petitioner appeared on the said date. It is observed by the 3rd respondent that the 1st petitioner has not submitted any explanation; however, on a perusal of the impugned order, it can be seen that it was noted as though the petitioner was directed to submit his written explanation within (7) days, either in person or through an advocate, which in fact is contrary to the notice issued by the District Supply Officer, Anakapalle, who does not have any authority or jurisdiction to do so. It is only the 3rd respondent who is competent to issue notice under Section 6-A of the Act, and not the District Civil Supply Officer. VS,J W.P No.35781 of 2025 7 Even otherwise, in view of the contradictions between the notice and the impugned proceedings, the impugned proceedings are liable to be set aside. 5. Accordingly, the Writ Petition is allowed, setting aside the impugned order vide C.C.No.66/2025/SA-5 dated 08.09.2025 passed by the 3rd respondent. The matter is remitted back to the 3rd respondent for fresh consideration. The 3rd respondent shall issue a fresh notice to the petitioner and afford an opportunity of hearing to the petitioner. Thereafter, the 3rd respondent shall pass appropriate orders in accordance with law. The said process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioners are at liberty to submit an application before the 3rd respondent for release of the seized stock as well as the vehicles and the same shall be considered by the 3rd respondent in accordance with law, upon petitioners furnishing third-party immovable property security. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 05.01.2026 KGR