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2023 Supreme(AP) 919

VENKATESWARLU NIMMAGADDA
Aashirvad Oil And Lubricants, Rep. by its Proprietor, Uppu Surya Sehkar – Appellant
Versus
State of Andhra Pradesh, Consumer Affairs, Food and Civil Supplies Department (CS. 1), Rep. by its Principal Secretary – Respondent


Advocates Appeared:
For the Petitioner: V.V.N. Narayana Rao.

ORDER :

1. W.P.No.41806 of 2022 is filed to declare the action of Respondent Nos.4 & 5 in seizing the Lorry bearing No.AP 39 TU 7275 and 5500 Liters of Waste oil through Panchanama dated 04.06.2022 as illegal, arbitrary, violative of Articles 14 and 19(1)(g) of the Constitution of India, with a consequential direction to the respondents to release Lorry bearing No.AP 39 TU 7275 and 5500 Liters of Waste oil.

2. W.P.No.1480 of 2023 is filed to issue Writ of Certiorari, calling for the records relating to orders in V1/CS/106/Rjy/202 dated 12.01.2023 on the file of the third respondent, quash the same, with a consequential direction to the respondents to release Lorry bearing Registration No.AP 39 TU 7275 & AP 36 TA 9889 and 5500 Liters of Waste oil.

3. Both these writ petitions are filed under Article 226 of the Constitution of India by the same petitioners, as such, I find it expedient to decide both the writ petitions by common order.

4. The facts of the case are that, the petitioner conducts a business involving the purchase of waste oil from various states through invoice. This waste oil serves multiple purposes, such as fueling boiler steam and servicing lorry engines, without nec

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