Disposed

The State of Andhra Pradesh, v. The Lakshmi Traders

Andhra Pradesh HC21 Apr 2024WA/252/2024

Case brief

AI extract

What is this about?

Rice belonging to a wholesale trader was seized during transport under the Essential Commodities Act. A learned Single Judge had directed release on property security. Following an earlier Division Bench order, this appeal was disposed of substituting a bank guarantee for property security.

What did the court decide?

Order of the learned Single Judge modified: seized rice to be released on furnishing a bank guarantee equal to its value within two weeks; no costs.

The State of Andhra Pradesh, Vs The Lakshmi Traders — Property and Title | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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MONDAY, THE TWENTY SECOND DAY OF APRIL

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HONOURABLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

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AND

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HONOURABLE MR. JUSTICE R RAGHUNANDAN RAO

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WRIT APPEAL NO: 252 OF 2024

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Writ Appeal under Clause 15 of the Letters Patent preferred against the orders dated. 02.11.2023 passed in W.P. No.28632 of 2023 on the file of the High Court.

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Between:

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The State of Andhra Pradesh,, Rep by its Principal Secretary, Civil Supplies Department, Secretariat Buildings,Velagapudi, Amaravathi Guntur District.

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The Joint Collector,, Civil Supplies Department, Rayachoty, Annamayya District.

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The Tahsildar, Gurramkonda Mandal Annamayya District.

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The Enforcement Deputy Tahsildar, Gurramkonda Mandal Annamayya District.

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...Appellants/Respondents in W.P. No.28632/2023

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AND

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The Lakshmi Traders,, Rep. by the Proprietor, M. Siva Nagendra, S/o M.Lakshmi Narayana, aged about 40 years. Door No.5/354-2, Kothapalli, Proddatur, Y.S.R. District.

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...Respondent/Petitioner in W.P. No.28632/2023

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lA NO: 2 OF 2024

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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 to suspend the operation of the order of Learned Single Judge in WP.No.28632/2023, Dt:02-11-2023, pending disposal of^the above Writ Appeal.

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Counsel for the Appellant(s): SRI. GP FOR CIVIL SUPPLIES

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Counsel for the Respondents : SRI ANASURI ESWAR SAI

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The Court made the following: ORDER

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HCJ & RRRJ W.A.No.252of2024

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JUDGMENT

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Dt: 88.04.8024

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(per HonTDle Sri Justice R.Raghunaadan Rao)

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Heard learned G.P. for Civil Supplies, appearing for the appeUants and Sri AnasuriEswar Sai, learned counsel appearing for the respondents.

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The respondent is in wholesale rice business. Certain stock of the petitioner/respondent herein was seized by the 4threspondent/ 4thappeUant herein under a cover of panchanama, dated 03.10.2023 while the said stock was being transported in a vehicle bearing No.AP 16 TJ 6219. Pending the proceedings under Section 6-A of the Essential Conunodities Act, 1955, the seized vehicle along with the stock was handed over to the 3i-dappellant herein. Subsequently, the respondent herein had submitted a representation on 07.10.2023 before the 2^d appellant herein seeking release of the seized stock. As the 2'i<i appellant was not passing any orders on the representation of the respondent herein, dated 07.10.2023, the respondent moved this Court by way of W.P.No.28632 of 2023. A learned Single Judge of this Court had disposed of the writ petition by order dated 02.11.2023 with a direction to the appeUants herein to release the rice seized from the respondent herein on condition of the respondent herein furnishing

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HG & RRR,J W.A.No.252of2024

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either moveable or immoveable property as security for the seized Stock.

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Aggrieved by the same the respondents in the writ petition have moved the present writ appeal.

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The learned Government Pleader for Civil Supplies would submit that a chemical analysis of the seized stock would show that the seized stock has been found to be fortified rice, which is distributed in the schools for mid day meal scheme under the Integrated Child Development and Pubhc Distribution System, which would go to show that the seiziu*e of rice was justified. He would fiirther submit that in such circumstances, it would only be appropriate that the release of rice be done after necessary bank guarantee for the value of the rice be furnished instead of moveable or immoveable property security. The learned Government Pleaader would also rely upon the judgment of this Court dated 19.12.2023 in W.A.lNro.l291 of 2023. 5. A Division Bench of this court while considering a similar order of a learned Single Judge directing release of stock on furnishing security of moveable or immoveable property, had modified the said order and directed that the writ petitioner would have to furnish a bank guarantee commensurate the value of the

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HCJ & RRR,J W.A.No.252of2024

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seized stock instead of furnisiiing moveable or immoveable property

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security.

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Following the same, this writ appeal is disposed of modifying the order passed by the learned Single Judge to the limited extent that instead of furnishing property security, the seized stock would be released in favour of the respondent herein upon furnishing a bank guarantee commensimate with the value of the seized stock, within a period of two weeks from today. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

SD/- M. RAMESH BABU

DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To.

Two CCS to GP for CIVIL SUPPLIES, High Court of Andhra Pradesh. [OUT]

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One CC to SRI ANASURI ESWAR SAI Advocate [OPUC]

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Three CD Copies

Madhu

MBT

HIGH COURT

DATED: 22/04/2024

ORDER

WA.No.252 of 2024

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DISPOSING THE WA WITHOUT COSTS 2?b&0 .w
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The State of Andhra Pradesh, v. The Lakshmi Traders

Case brief

What is this about?

What did the court decide?

The State of Andhra Pradesh, v. The Lakshmi Traders

Case brief

What is this about?

What did the court decide?

What the court decided

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