APHC010638562025 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: 32971/2025 Between:

1. A SREENIVASULU @ SREENU, S/O. A. CHINNA SUBBA RAYUDU, AGE 58 YEARS, OCC BUSINESS, KOLIMI STREET, RAJAMPETA, ANNAMAYYA DISTRICT.

2. M UJEEB, , S/O. GOUSUDDIN, AGE 27 YEARS, OCC OWNER OF LORRY BEARING NO.KA56 3519, R/O. 154, BHANGOOR POST, BEMALKHED, BIDAR, KARNATAKA STATE.

...PETITIONER(S)

AND

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

2. T HE COLLECTOR CS, ANNAMAYYA DISTRICT AT RAJAMPETA.

3. T HE ENFORCEMENT DEPUTY TAHSILDAR, KODURU, ANNAMAYYA 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 3RD respondent in seizing 309 bags of raw rice weighing 50 kgs each along with lorry bearing No.KA56 3519 under cover of Panchanama, dt. 18.09.2025 at Jaguvaripalli village, Pullampeta Mandal, Annamayya District and further inaction of the 2ND respondent in passing orders in the petition filed by the petitioners on 15.10.2025 for release of the stock and the lorry as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and consequently direct the 2NDrespondent to release the seized stock of 309 bags of raw rice to the 1ST petitioner and the lorry bearing No.KA56 3519 to the 2ND petitioner and not to take any ac tion in pursuance of the illegal seizure 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 pleased to direct the 2ND respondent to release the seized stock of 309 bags of raw rice (296 bags of PDS rice and 13 bags of common rice) to the 1ST petitioner and the lorry bearing NO.KA56 3519 to the

2NDpetitioner, 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 The Court made the following:

O R D E R

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 3^rd respondent in seizing 309 bags of raw rice weighing 50 kgs each along with lorry bearing No.KA56 3519 under cover of Panchanama, dt.18.09.2025 at Jaguvaripalli village, Pullampeta Mandal, Annamayya District and further inaction of the 2^nd respondent in passing orders in the petition filed by the petitioners on 15.10.2025 for release of the stock and the lorry as illegal, arbitrary, without any authority of law and contrary to the provisions of the Essential Commodities Act, 1955 and the Control Orders made there under and consequently direct the 2^nd respondent to release the seized stock of 309 bags of raw rice to the 1^st petitioner and the lorry bearing No.KA56 3519 to the 2^nd petitioner and not to take any action in pursuance of the illegal seizure.

….”

2. The 1^st petitioner is engaged in the business of rice, purchasing rice from millers and wholesale traders and selling the same to the individual consumers and other traders with little profit. During the course of his business, on 17.09.2025, he purchased 296 bags of PDS rice and 13 bags of raw rice, weighing 50 kgs each, from Sree Dhanya Lakshmi Rice Mill, Dommanapalli Village, Porumamilla Mandal vide tax invoice No.1, dated 17.09.2025. After purchasing the same, the 1^st petitioner engaged a lorry bearing registratio