Nammi China Appala Naidu v. The State of Andhra Pradesh

THE HON’BLE SRI JUSTICE M. GANGA RAO

WRIT PETITION No.26799 of 2021

ORDER:-

This Writ Petition is filed for the following relief:-

“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd respondent in seizing the Mahendra Bolero bearing registration No.AP31TL 6406 belonging to the petitioner on 01.08.2021 on the allegation that PDS rice is being transported in the vehicle as wholly arbitrary, illegal, eccentric contrary to provisions of Essential Commodities Act, 1955, A.P State Targeted Public Distribution System (Control) Order, 2018, Code of Criminal Procedure besides being violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to release the Mahendra Bolero bearing registration No.AP31TL 6406 belonging to the petitioner and pass such other order or orders...”

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

In pursuance of the order dated 18.11.2021, in this writ petition M.Venu Gopal, Joint Collector appeared in person and stated that counter is filed inter alia stating that the petitioner has filed an application on 13.09.2021 before the 2^nd respondent for release of the seized vehicle. Though the petitioner filed an application for release of seized vehicle, no supporting document to show that he is the registered owner has been filed along with his application. As there are no documents available to show that the writ petitioner is registered owner to take action on the application filed on 13.09.2021, the 2^nd respondent has informed the writ petitioner orally to submit documentary evidence to show his ownership against the seized vehicle. Thereafter the 2^nd respondent passed memo dated 19.11.2021 stating as follows: