THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.4689 OF 2022

ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed seeking to issue an order or direction declaring the action of the 5th respondent in seizing 71 bags of rice and vehicle bearing No.KA644566 belonging to the petitioner pursuant to the seizure Mahazarnama/Mediator report dated 30.01.2022 as illegal and arbitrary.

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents.

Though the matter has been adjourned several times, no counter affidavit has been filed.

Learned counsel for the petitioner has submitted that the head constable/5th respondent is not authorized to seize the rice and the vehicle in terms of A.P.State Targeted Public Targeted Public Distribution System(Control) Order,2018. He draws attention of this Court to Clause 17 of Andhra Pradesh

Scheduled Commodities Dealers(Licensing, Storage and Regulation) Order, 2008( for short 'the Control Order 2008').

Under Clause 17(1) thereof, certain officers of difference departments are empowered inter alia to seize the stocks. As regards the police department, it is the officers not below the rank of Sub-Inspectors, within their respective jurisdictions, who are authorized to exercise this power.

He further relied on the orders of this Court in Sri Vigneswara Traders, komerapudi village Vs. The Circle Inspector of Police and others1, wherein this Court held that the seizure of lorry by the Head Constable is without jurisdiction and directed the respondents therein to release the seized stocks to the petitioner. Based on the above said Judgment, this Court has also disposed of W.P.No.18173 of 2019 directing the respondents to release the stocks and lorry to the petitioner therein.

Learned counsel submits that in the instant case, the seizure is made by the 5th respondent who has no authority to

¹ 2013(4) ALD 241

seize as per Control Order 2008 and hence he requests to set aside the proceedings.

Considering the submissions of the learned counsel for the petitioner and taking into consideration of the observations made by this Court in several Writ Petitions, the proceedings dated 30.01.2022 are set aside and the respondents are directed to release the vehicle bearing No.KA644566 along with 71 bags of rice to the petitioner.

With the above directions, this Writ Petition is disposed of. No costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

_____________________ JUSTICE D.RAMESH

Date: 13.04.2023 tm

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION NO.4689 OF 2022

Date: 13.04.2023

tm