APHC010562762023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29226/2023 Between:

1. P THANGA GANESHAN, , S/O PERIA SWAMY, AGE 52 YEARS, PROPRIETOR OF MLS. VINAYAGA TRADERS, NO. 8, THULUKKANAM STREET, THIRUVOTTIYUR, CHENNAI 600019.

...PETITIONER AND

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

2. T HE COLLECTOR CIVIL SUPPLIES, CHITTOOR, CHITTOOR DISTRICT.

3. T HE TAHSILDAR, GANGADHARA NELLORE MANDAL, CHITTOOR DISTRICT

4. T HE CIVIL SUPPLIES DEPUTY TAHSILDAR, GANGADHARA NELLORE, CHITTOOR 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 4th respondent in seizing 490 bags of rice i.e., 138 bags of boiled rice and 352 bags of raw rice belongs to Tamil Nadu State along with lorry bearing No. TN 52K 6612 under cover of Panchanama, dt.06.09.2023 and further order and Endorsement of the Collector (Civil Supplies), Chittoor, the 2nd respondent herein, in Roc E4/184/2022, dt.21.10.2023 confiscating the seized stock to Government and directing the 3rd respondent to dispose of the seized rice through public auction and further directing the petitioner to deposit an amount of Rs.2,00,000/- for release of the seized vehicle 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 set aside the same and direct the respondents to release the seized stock as well as the lorry to the petitioner and not to take any action in pursuance of the illegal seizure and pass 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 138 bags of boiled rice, 352 bags of raw rice and the lorry bearing No.TN 52K 6612 which was seized by the 4th respondent on 06.09.2023 forthwith, pending disposal of writ petition 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:

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 4^th respondent in seizing 490 bags of rice i.e., 138 bags of boiled rice and 352 bags of raw rice belongs to Tamil Nadu State along with lorry bearing No. TN 52K 6612 under cover of Panchanama, dt.06.09.2023 and further order and Endorsement of the Collector (Civil Supplies), Chittoor, the 2nd respondent herein, in Roc E4/184/2022, dt.21.10.2023 confiscating the seized stock to Government and directing the 3^rd respondent to dispose of the seized rice through public auction and further directing the petitioner to deposit an amount of Rs.2,00,000/- for release of the seized vehicle 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 set aside the same and direct the respondents to release the seized stock as well as the lorry to the petitioner and not to take any action in pursuance of the illegal seizure ….”

2. Brief facts of the case are as follows:

a) The petitioner is carrying on business in food grains under the name and style of „Sri Vinayaga Traders‟, Thiruvottiyur, Chennai, dealing in paddy and rice. During his busin