IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

MONDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SRI JUSTICE D. RAMESH

WRIT PETITION NO: 8424 OF 2023

Between:

• 1. Mekala Bala Sanjeevarayudu, S/o. Mekala Nadipanna, Hindu, aged 52 Years, Owner of the Vehicle Bearing No. AP04-TT-4980, D.No.2/79, Yellanuru Village, Ananthapuram District.
• 2. Katika Munindra, S/o. Katika Krishnaiah, Hindu, Aged 26 Years, Owner of the Vehicle Bearing No. AP24-TB-7764, Door No. 1/227, Main Road, Yellanuru Village, Anantapuram District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
• 2. The Joint Collector, Civil Supplies Department, Kadapa, Y.S.R. District.
• 3. The Tahsildar, Muddanuru Mandal, Y.S.R. District.
• 4. The Revenue Inspector, Muddanuru, YSR District.
• 5. The Station House Officer, Muddanuru Police Station, Y.S.R. District.

...RESPONDENTS

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 issue an order, writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^th Respondent in seizing the Auto vehicles bearing No. AP04-TT-4980 and AP24-TB-7764 by conducting Panchanama Dated 10-02-2023 is as illegal, improper arbitrary and without any power of authority under law and violation of Article $19(1)(g)$ of the Constitution of India and thereby consequently direct the Respondent No.2 to release the Auto vehicles bearing No. AP04-TT-4980 and AP24-TB-7764.

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 5^th respondent to release Seized Auto Vehicles Bearing No. AP04-TT-4980 and AP24-TB-7764 of the Petitioners as per the Panchanama Dated. 10-02-2023 by furnishing Third Party Security, for value of seized stock of Rs.1,53,750/- as per Panchanama dated 10^th February 2023 pending disposal of the above Writ Petition.

Counsel for the Petitioners : SMT. POPURI LAKSHMI PRIYANVITA Counsel for the Respondent Nos. 1 to 4 : GP FOR CIVIL SUPPLIES Counsel for the Respondent No. 5 : GP FOR HOME The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE D.RAMRSH WRIT PETITION No.8424 of 2023

ORDER;

i

Heard learned counsel for the petitioners, learned Government Pleader for Civil Supplies and the learned Government Pleader for Home and perused the record.

2. Learned counsel for the petitioners submits that the petitioners are the owners of the vehicles bearing Nos. AP04-TT-4980 and AP24-TB-7764. On 10.02.2023, the 4th respondent and the Vigilance ⁸⁵ Enforcement, inspected the said vehicles at Muddanuru-Tadipatri western side of Yamavaram Village, near Peddamma Temple, Muddanuru Mandal, YSR District, and found 82 bags of rice and alleging that the said rice is PDS rice, seized the said stock along with the said vehicles under cover of Panchanama, dated 10.02.2023, in the presence of the mediators. Main Road, on

3. Learned counsel for the petitioners further submits that aggrieved by the seizure of the vehicles, the

petitioners filed the petition dated 17.02.2023 before the 2nd respondent seeking release of the seized vehicles pending confiscation proceedings, but the 2"^ respondent did not pass any order so far. Aggrieved by the same, the . present Writ Petition is filed.

Department officials and after ascertaining the value of the vehicles, it will be informed to the petitioners and the petition of the petitioners will be considered in accordance with law. 04. Learned Government Pleader appearing for the respondents submits that release of the vehicles for interim custody pending confiscation proceedings, the 2"^ respondent has to get valuation of the vehicles from the concerned R.T.A.

5. rfaving heard the respective counsel and upon perusal of the material available on record, in the considered view of this Court, keeping the vehicles in the police station is not useful either to the petitioners or the respondents as there is every possibility for damage of the vehicles to the exposure to sun and rain and the vehicle will lose roadworthiness after some days. To protect the

2

interest of the parties, it is appropriate to dispose of the Writ Petition with the following direction:

i) the $2^{nd}$ respondent is directed to consider and pass appropriate orders on the petition dated 17.02.2023 submitted by the petitioners for interim custody of the vehicles pending confiscation proceedings by taking immovable property security equivalent to the value of the seized stock in the respective vehicles from the petitioners within a period of one (1) week from the date of submission of the said security.

6. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this case shall stand closed.

I/TRUE COPYII

SECTION OFFICER

SD/- V. SAVITHRI GOWRI

ASSISTANT REGISTRAR

To,

Contract

• 1. The Principal Secretary, Civil Supplies Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
• 2. The Joint Collector, Civil Supplies Department, Kadapa, Y.S.R. District.
• 3. The Tahsildar, Muddanuru Mandal, Y.S.R. District.
• 4. The Revenue Inspector, Muddanuru, YSR District.
• 5. The Station House Officer, Muddanuru Police Station, Y.S.R. District.
• One CC to Smt. Popuri Lakshmi Priyanvita Advocate [OPUC] Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 8. Two CD Copies

$PV$

Vilanam

$\mathfrak{Z}$

HIGH COURT

DATED:17/04/2023

ORDER

WP.No.8424 of 2023

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DISPOSING THE WP WITHOUT COSTS