APHC010219432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11229/2024 Between:

1. C HIDELLA PAVITRA KUMAR, S/O BHIMESWARA RAO, AGE 36 YEARS, OCC BUSINESS, R/O KOTHURU VILLAGE, PEDAPADU MANDAL, ELURU DISTRICT.

...PETITIONER AND

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

2. T HE COLLECTOR CIVIL SUPPLIES, MACHILIPATNAM, KRISHNA DISTRICT.

3. T HE SPECIAL DEPUTY TAHSILDAR, PUBLIC DISTRIBUTION SYSTEM, BAPULAPADU MANDAL, KRISHNA DISTRICT.

4. T HE BRANCH MANAGER, KARUR VYSYA BANK, ELURU BRANCH, ELURU ...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 order. direction or writ, more particularly one in the nature of writ of Mandamus declaring the inaction of respondent No. 2 in returning the bank guarantee of an amount of Rs. 2,00,000/- which were furnished for release of the lorry bearing no. AP27U2989 and also in returning 105 Qtls of rice Seized on 19.04.2015 or paying the cost of the said commodity along with interest as illegal arbitrary, capricious and contrary to the provisions of Sec.6-A and 6-C of the Essential Commodities Act, 1955 and direct the respondents particularly respondent No.2 to return the bank guarantee and also pay either the cost of Essential Commodity (Rice) with interest or return the Essential Commodity Seized and pass IA NO: 1 OF 2024 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 respondent No.2 to return the bank guarantee and also pay either the cost of Essential Commodity (Rice) with interest or return the Essential Commodity Seized forthwith and pass Counsel for the Petitioner:

1. V SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES (AP)

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 inaction of respondent No. 2 in returning the bank guarantee of an amount of Rs. 2,00,000/- which were furnished for release of the lorry bearing no. AP27U2989 and also in returning 105 Qtls of rice Seized on 19.04.2015 or paying the cost of the said commodity along with interest as illegal arbitrary, capricious and contrary to the provisions of Sec.6-A and 6-C of the Essential Commodities Act, 1955 and direct the respondents particularly respondent No.2 to return the bank guarantee and also pay either the cost of Essential Commodity (Rice) with interest or return the Essential Commodity Seized and pass ….”

2. Today, when the matter is taken up for hearing, learned counsel for the petitioner has stated that pending writ petition, Respondent No.2 has returned Bank Guarantee of amount of Rs.2,00,000/- which was furnished for release of the lorry bearing No.AP27U2989 and also returned 105 quintals of rice seized on 19.04.2015 but have failed to pay the interest in accordance with Section 6 (C) 2 which reads as follows:

“6C. Appeal - (2) Where an order under section 6A is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6A, the person concerned is acquitted, and in either case it is not possible for any reason to 3 [return the essential commodity seized ], 4 [such persons shall, except as provided by sub-section (3) of section 6A, be paid] the price therefore 5 [as if the essential commodity,] had been sold to the Government