APHC010650212025 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: 33613/2025 Between:

1. I NAARA, REP. BY ITS AUTHORIZED SIGNATORY, PENUMATSA SRINIVASA RAJU, S/O. LAKSHMIPATHI RAJU, AGED ABOUT 47 YEARS, OCC BUSINESS, 0/O.D.NO.53-32-5-24, BESIDE ICICI BANK, KRM COLONY, VISAKHAPATNAM, VISAKHAPATNAM DIST.

...PETITIONER AND

1. T HE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY, CIVIL SUPPLIES DEPT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2

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

3. T HE REGIONAL VIGILENCE AND ENFORCEMENT OFFICER, REGIONNAL VIGILENCE ENFORCEMENT OFFICE, BALAYYA SASTRY LAYOUT, VISAKHAPATNAM. 4.

4. T HE DISTRICT COLLECTOR CIVIL SUPPLIES, VISAKHAPATNAM DISTRICT, VISAKAHAPATNAM. 5.

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

6. T HE STATION HOUSE OFFICER, ANANDAPURAM P.S., VISAKHAPATNAM DIST. 7

7. T HE DEPUTY ASSISTANT COMMISSIONER ST, COMMERCIAL TAX DEPARTMENT, GOVT, OF INDIA, BHEEMILI CIRCLE, VISAKHAPATNAM-1 DIVISON.

...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 for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble 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 vehicles bearing Registration Nos. (i) AP05 W 5765 (ii) AP16 TD 8911 along with Industrial Oil and (iii) AP39 UY 8888 along with JNK White Technical oil (Industrial Oil as per allegation in mediator report) under the mediator report dt.25.11.2025 even though there is valid Invoices and e-way bills and without having any authority and to declare the same as illegal, arbitrary and unconstitutional and also violative of Articles 14, 19 and 21 of the Constitution of India and also in contrary to the provisions of Essential Commodities Act, 1955 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 For the reasons stated in the affidavit filed in support of the main Writ Petition and pending disposal of main writ petition, the Hon’ble Court may be pleased to direct the respondents to release the vehicles bearing Registration Nos. (i) AP05 W 5765 (ii) AP16 TD 8911 along with Industrial Oil and (iii) AP39 UY 8888 along with JNK White Technical oil (Industrial Oil as per allegation in mediator report) in the interest of justice and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case.

Counsel for the Petitioner:

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

1. GP FOR HOME

2. GP FOR REVENUE

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

ORDER:

Declaring the action of the respondents in seizing the vehicles bearing Registration Nos. i. AP05 W 5765, ii. AP16 TD 8911 along with industrial oil, iii. AP39 UY 8888 along with JNK White Technical oil under the mediator report dated 25.11.2025 even though there are 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 petitioner firm is a proprietaryship firm registered in the year 2021 and carrying out business operations in t