Disposed

Sri Lakshmi Narasimha Patly Aided High School v. the State of Andhra Pradesh

Andhra Pradesh HC21 Jan 2024WP/1529/2024

Case brief

AI extract

What is this about?

Owner's lorry carrying PDS rice was seized under Section 6A Essential Commodities Act proceedings; authorities refused interim release despite offer of surety. The High Court directed release of the vehicle on condition of third-party immovable property security equivalent to the value of the seized stock.

What did the court decide?

Vehicle AP 16 TB 4568 ordered released on furnishing third-party immovable property security equal to value of seized stock, with undertaking against alteration, alienation or charging pending Section

Sri Lakshmi Narasimha Patly Aided High School Vs… — Property and Title | Andhra Pradesh HC (2024)

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APHC010027552025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3311]

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MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 1529/2025

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Between:

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Pedirella Sai Satyanarayana

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.MARELLA RADHA

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR CIVIL SUPPLIES

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The Court made the following:

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BSB, J W.P.No.1529 of 2025

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HON’BLE Ms. JUSTICE B.S.BHANUMATHI

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Writ Petition No. 1529 of 2025

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ORDER:

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The Writ Petition is filed seeking the following prayer:

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“….to issue an order writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the impugned proceedings ECP.No.95/2024, dated 8.01.2025 rejecting to release the petitioner’s vehicle Ashok Lay Land Lorry bearing Reg.No.AP 16 TB 4568 despite the petitioner’s readiness to furnish a third party surety or personal bond as illegal, arbitrary and violative of Articles 19 and 21 of Constitution of India and contrary to the Essential Commodities Act 1955 and orders made there under including the AP State Targeted Public Distribution System Control Order 2018 and consequently set aside the same and direct the 2nd to 5th respondents to release the vehicle Ashok Lay Land Lorry bearing Reg.No.AP 16 TB 4568 forthwith and to pass such other order or orders… …”

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2. The case of the petitioner is briefly as follows:

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The petitioner is the owner of an Ashok Leyland Lorry bearing registration number AP 16 TB 4568 and holds all the necessary permissions from the transport authorities. On 11.07.2024, the 5th respondent, Special Deputy Tahsildar (PDS), Tiruvuru, intercepted the lorry at A. Konduru village while it was allegedly transporting PDS rice

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BSB, J W.P.No.1529 of 2025

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illegally. The vehicle, along with 435 bags of PDS rice, was seized under the cover of a mediatornama, and a case was registered under Section 6-A of the Essential Commodities Act, 1955. The petitioner was given representation to the respondent authorities on 02.12.2024, requesting the release of the vehicle and offering to provide local surety. However, the respondent authorities have not taken any action to release the vehicle, causing hardship to the petitioner. Hence, this Writ Petition.

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Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondent Nos.1 to 5.

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The petitioner contends that the 2^nd respondent erroneously rejected the release of the vehicle in interim custody by order dated 08.01.2025 in ECP.No.95/2024. The learned counsel for the petitioner further submits that if the vehicle is not released, the petitioner would suffer significant financial loss as the vehicle may deteriorate.

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The learned Assistant Government Pleader submits that he has not received any instructions.

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Considering the submission made by the learned counsel for the petitioner and the fact that the vehicle has been left unattended since its seizure, the writ petition is disposed of by directing respondents’ authorities to release the vehicle of the petitioner bearing No.AP 16 TB 4568 on condition that the petitioner shall furnish third party immovable property as security equivalent to the value of the seized stock in the said vehicle. The petitioner shall further undertake before the 2^nd respondent that the condition of the vehicle would not be altered and

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BSB, J W.P.No.1529 of 2025

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that the vehicle would not be alienated or transferred to any third party or create any kind of charge/security over it pending the proceedings under Section 6A of the Essential Commodities Act. On accepting the third-party immovable property as security, the 2^nd respondent shall inform forthwith the same to the concerned Registrar/Sub Registrar.

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There shall be no orders as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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___________________ ___ JUSTICE B.S. BHANUMATHI

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Dated 27.01.2025 klk

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BSB, J W.P.No.1529 of 2025

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BSB, J W.P.No.1529 of 2025

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234

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HON’BLE Ms. JUSTICE B.S.BHANUMATHI

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WRIT PETITION No.1529 OF 2025

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Date: 27.01.2025

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klk

Sri Lakshmi Narasimha Patly Aided High School v. the State of Andhra Pradesh

Case brief

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What did the court decide?

Sri Lakshmi Narasimha Patly Aided High School v. the State of Andhra Pradesh

Case brief

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What did the court decide?

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