APHC010639882023 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32905/2023 Between:

1. S RI MAHALAKSHMI TRADERS,, D.N0.16/4-B-4-9A, SOUTH RAJUPALEM ROAD, CHINTHAREDDY PALEM, SPSR NELLORE DISTRICT, REP. BY ITS PROPRIETOR, CH. MADHU.

2. M EHABOOB PASHA,, S/O ABDUL KHADAR, AGE 65 YEARS, OCC. OWNER OF LORRY, D.NO.L 1-78, RANGAPURAMSTREET, NEWPET, PALAMANER, CHITTOOR DISTRICT.

...PETITIONER(S)

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 COLLECTOR CIVIL SUPPLIES, CHITTOOR, CHITTOOR DISTRICT.

3. T HE TAHSILDAR, BANGARUPALEM MANDAL, CHITTOOR DISTRICT.

4. T HE MANDAL REVENUE INSPECTOR, BANGARUPALEM MANDAL, 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 540 bags of boiled rice weighing 50 kgs each along with lorry . bearing No. AP 39 UN 7869 under cover of Panchanama, dt. 19.10.2023 and further Endorsements of the Collector (Civil Supplies), Chittoor, the 2nd respondent herein, in ROC.E4/223/2023, dt. 14.12.2023 directing the 3 respondent to dispose of the seized stock in public auction and further directing the 2nd petitioner to deposit an amount of Rs.5,00,000/- to release the seized vehicle respectively 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 to the 1st petitioner and the lorry to the 2nd 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 540 bags of boiled rice weighing 50 kgs each to the petitioner and the lorry bearing No. AP 39 UN 7869 to the 2nd petitioner forthwith by suspending the Endorsements Roc.E4/223/2023, dt. 14.12.2023 issued by the 2nd respondent, 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 (AP)

The Court made the following:

ORDER:-

This writ petition is 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 540 bags of boiled rice weighing 50 kgs each along with lorry bearing No. AP 39 UN 7869 under cover of Panchanama, dt. 19.10.2023 and further Endorsements of the Collector (Civil Supplies), Chittoor, the 2^nd respondent herein, in ROC.E4/223/2023, dt. 14.12.2023 directing the 3^rd respondent to dispose of the seized stock in public auction and further directing the 2^nd petitioner to deposit an amount of Rs.5,00,000/- to release the seized vehicle respectively 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 to the 1^st petitioner and the lorry to the 2^nd petitioner and not to take any action in pursuance of the illegal seizure....”

2. The brief facts of the case are that the 1^st petitioner is a trader doing business in food grains in the name and style of Sri Mahalakshmi Traders situated at South Rajupalem Road,