APHC010688782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35298/2025 Between:

1. K HARINADH, S/O. KODANDARAMIREDDY, AGED 43YEARS, PROPRIETOR OF HR TRADERS, NO.2928, MANNADI STREET, PERIA OBULAPURAM, GUMMIDIPOONDI TALUK, TIRUVALLUR DISTRICT., TAMILNADU STATE

2. G UDALA SRINU, S/O. GUDALA SATYANARAYANA, AGE 32 YEARS.

OWNER OF LORRY BEARING NO.AP05 TM1395, R/O. D.NO.L 1- 155, KRISHNAMMA CHERUVU VEEDHI, CHELLURU, RAYAVARAM MANDAL, BR AMBEDKAR KONASEEMA DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-

522238.

2. T HE COLLECTOR CS, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM-533352.

3. T HE CIVIL SUPPLIES DEPUTY TAHSILDAR, RANGAMPETA, EAST GODAVARI DISTRICT-533291.

...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 order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in seizing 500 bags of boiled rice weighing 50 kgs each along with lorry bearing No.AP05 TM1395 belong to the petitioners 1 and 2 respectively, under cover of mediators report, dt. 16.10.2025 as illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and direct the respondents not to take any action in pursuance of illegal seizure and release the stock and the lorry to the petitioners forthwith 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 pleased to direct respondent No.2 and 3 to release 500 bags of boiled rice weighing 50 kgs each to 1st the petitioner and the lorry bearing No.AP05 TM1395 to the 2ND petitioner forthwith, pending disposal of writ petition and pass Counsel for the Petitioner(S):

1. V SUDHAKAR REDDY Counsel for the Respondent(S):

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

ORDER

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in seizing 500 bags of boiled rice weighing 50 kgs each along with lorry bearing No.AP05 TM1395 belong to the petitioners 1 and 2 respectively, under cover of mediators report, dt. 16.10.2025 as illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and direct the respondents not to take any action in pursuance of illegal seizure and release the stock and the lorry to the petitioners forthwith…..”

2. The brief facts of the case are as follows:

a) The 1^st petitioner is carrying on business in food grains such as raw rice and boiled rice under the name and style of „HR Traders‟ with valid GSTIN:33CZUPK5779D1ZT. It is the case of the petitioners that in view of the lapse of Government of India Circular No.3543 (E), dated 29.11.2013 there is no necessity to obtain a food grains license and to maintain any bill or records as per the conditions of FGL, as no FGL is in force and rice has become a free sale commodity. There are no transport restrictions and storage limits in respect of paddy and rice, as rice has become a free sale commodity.

b) During the course of business, the 1^st petitioner received an order from a dealer of Sai Hanumanth Industries Private Limited, Gota Road, Paragaon, Nawapara (Rajim), Raipur, Chhattisgarh for supply of 250