APHC010486882023 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: 25169/2023 Between:

1. M /S. SRI LAKSHMI NARASIMHA RICE MILL, D.NO.202/A1, SAIPETA VILLAGE, KONDAPURAM MANDAL, SPSR NELLORE DISTRICT REP BY ITS PROPRIETOR, SMT. VELLA RAMA DEVI.

...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, NELLORE, SPS NELLORE DISTRICT.

3. T HE CIVIL SUPPLIES DEPUTY TAHSILDAR, KANDUKUR, SPSR NELLORE DISTRICT.

4. T HE INCHARGE, MLS POINT, VINJAMUR, 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 17725 kgs of raw rice, 2300 kgs of broken rice and 1425 kgs of Grade A paddy from Sri Lakshmi Narasimha Rice Mill, Saipeta village, Kondapuram Mandal, SPS Nellore District under cover of panchanama, dt.22.07.2023 and further order of the 2nd respondent passed in Rc.B2.239/2023, dt.26.08.2023 directing to sell the seized stock of 17725 kgs of rice through public auction and directing the petitioner to furnish bank FDR for an amount of Rs.40,000/- for release of the paddy and broken rice 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.26.08.2023 and consequently direct the respondents to release the seized stocks 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 17725 kgs of raw rice, 2300 kgs of broken rice and 1425 kgs of Grade A paddy to the petitioner, pending disposal of writ petition and pass 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 27.09.2023 passed in W.P.No. 25169 of 2023 and dismiss the 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:-

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 3^rd respondent in seizing 17725 kgs of raw rice, 2300 kgs of broken rice and 1425 kgs of Grade A paddy from Sri Lakshmi Narasimha Rice Mill, Saipeta village, Kondapuram Mandal, SPS Nellore District under cover of panchanama, dt.22.07.2023 and further order of the 2^nd respondent passed in Rc.B2.239/2023, dt.26.08.2023 directing to sell the seized stock of 17725 kgs of rice through public auction and directing the petitioner to furnish bank FDR for an amount of Rs.40,000/- for release of the paddy and broken rice 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 2^nd respondent dt.26.08.2023 and consequently direct the respondents to release the seized stocks and not to take any action in pursuance of the