##PAGE1##

2025:APHC:59098

APHC010556442023

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 28861/2023

Between:

1. M /S. J.K. RICE TRADERS,, VENGAIAHGARIPALEM ROAD,

BINGINAPALLIVARI STREET, OLD TOWN, KAVALI, SPSR NELLORE

DISTRICT REP. BY ITS PROPRIETOR, K. JAYAKRISHNA.

...PETITIONER

AND

1. T HE STATE OF A P, REP. BY ITS SECRETARY, FOOD, CIVIL

SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT,

SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, NELLORE, SPS NELLORE DISTRICT.

3. T HE CIVIL SUPPLIES DEPUTY TAHSILDAR, KAVALI, SPSR

NELLORE DISTRICT.

...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 299.000 MTs of grade -A paddy, 5.300 MTs of raw rice, 7.000 MTs of

discolored rice, 7.800 MTs of brokens and 500 empty jute bags from the

mill of the petitioner under cover of panchanama, dt.11.06.2023 and further

order of the 2nd respondent passed vide Rc.B2.172/2023, dt.17.10.2023

directing to sell the seized stock of 5.300 MTs of raw rice through public

auction and directing the petitioner to furnish bank FDR for an amount of

2

2025V:SA,JP HC:59098

W.P.No.28861 of 2023

Rs.16,43,600/- for release of 299.000 MTs of grade -A paddy, 7.000 MTs of

discolored rice and 7.800 MTs of brokens as illegal, arbitrary, without any

authority of law or jurisdiction and violative of Articles 14 and 19(1)(g) of the

Constitution of India and contrary to the provisions of the Essential

Commodities Act, 1955 and the Orders made there under and set aside the

order of the 2nd respondent dt.17.10.2023 and consequently direct the

respondents to release the seized stocks to the petitioner and not to take any

action in pursuance of the illegal seizure

IA NO: 1 OF 2023

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 the respondents to release 299.000 MTs of grade —A

paddy, 5.300 MTs of raw rice, 7.000 MTs of discolored rice, 7.800 MTs of

brokens and 500 empty jute bags to the petitioner by suspending the order of

the 2nd respondent passed in Rc.B2.172/2023, dt.17.10.2023, pending

disposal of writ petition

IA NO: 2 OF 2023

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 vacate the Interim order dated 03-11-2023 passed in IA.No.1 of

2023 in WP.no.28861 of 2023 and pass

Counsel for the Petitioner:

1. V SUDHAKAR REDDY

Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES

The Court made the following:

3

2025V:SA,JP HC:59098

W.P.No.28861 of 2023

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

299.000 MTs of grade -A paddy, 5.300 MTs of raw rice, 7.000 MTs of

discolored rice, 7.800 MTs of brokens and 500 empty jute bags from the

mill of the petitioner under cover of panchanama, dt.11.06.2023 and

further order of the 2nd respondent passed vide Rc.B2.172/2023,

dt.17.10.2023 directing to sell the seized stock of 5.300 MTs of raw rice

through public auction and directing the petitioner to furnish bank FDR for

an amount of Rs.16,43,600/- for release of 299.000 MTs of grade -A

paddy, 7.000 MTs of discolored rice and 7.800 MTs of brokens as illegal,

arbitrary, without any authority of law or jurisdiction and violative of Articles

14 and 19(1)(g) of the Constitution of India and contrary to the pro