APHC010650312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33614/2025 Between:

1. M /S. GANESH CHEMICALS,, REP. BY ITS AUTHORIZED SIGNATORY, PENUMATSA SRINIVASA RAJU, S/O. LAKSHMIPATHI RAJU, AGED ABOUT 47 YEARS, OCC BUSINESS, O/O. D.NO. 18- 117, KRISHNA NAGAR, MADHURAWADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

2. M /S. INARAA,, REP. BY ITS AUTHORIZED SIGNATORY, PENUMATSA SRINIVASA RAJU, S/O. LAKSHMIPATHI RAJU, AGED ABOUT 47 YEARS, OCC BUSINESS, O/O.D.NO.53-32-5-24, BESIDE ICICI BANK, KRM COLONY, VISAKHAPATNAM, VISAKHAPATNAM DIST.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, CIVIL SUPPLIES DEPT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH.

2. T HE COMMISSIONER, CIVIL SUPPLIES CORPORATION, 3RD FLOOR, SRI SAI TOWER, AUTO NGAR, VIJAYAWADA, KRISHNA DISTRICT.

3. T HE REGIONAL VIGILENCE AND ENFORCEMENT OFFICER, REGIONNAL VIGILENCE AND ENFORCEMENT OFFICE, BALAYYA SASTRY LAYOUT, VISAKHAPATNAM.

4. T HE DISTRICT COLLECTORCIVIL SUPPLIES, VISAKHAPATNAM DISTRICT, VISAKAHAPATNAM.

5. T HE DEPUTY TAHSILDAR, CIVIL SUPPLIES DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

6. T HE STATION HOUSE OFFICER, ANANDAPURAM P.S., VISAKHAPATNAM DIST.

...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 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 8181 belonging to the 1st petitioner along with 29,500 liters of Solvent oil and also 25,100 liters of JNK White Technical Oil available in the premises of the 2nd petitioner firm by alleging it as Solvent Oil under the mediator report dt.25.11.2025 in an high handed manner and without considering the valid Invoices and e-way bills and without having any authority 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 and consequently set aside the same with a direction to the respondents not to proceed further and pass 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 to direct the respondents to release the vehicle bearing Registration No. AP39 UY 8181 belonging to the 1st petitioner along with 29,500 liters of Solvent oil and also 25,100 liters of JNK White Technical Oil seized from the premises of the 2nd petitioner firm in the interest of justice Counsel for the Petitioner(S):

1. G L NAGESWAR RAO Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR CIVIL SUPPLIES The Court made the following:

ORDER:

Declaring the action of the respondents in seizing the vehicle bearing Registration No.AP39 UY 8181 belonging to the 1^st petitioner along with 29,500 liters of Solvent oil and also 25,100 liters of JNK White Technical Oil available in the premises of the 2^nd petitioner firm alleging that it is a solvent oil under the mediator report dated 25.11.2025, without considering the 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 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 1^st petitioner firm has license to transport Petroleum Products on land and the 2^nd petitioner firm is a proprietary ship firm and carrying out business operations in the premises of Visakhapatnam. While so, on 25.11.2025, despite showing valid inv