Disposed

Burle Suresh Kumar v. the State of Andhra Pradesh

Andhra Pradesh HC2 Oct 2024WP/21509/2024

Case brief

AI extract

What is this about?

Writ petition challenging seizure of 37,600 kgs of rice alleged to be illegally stored PDS stock; petitioner claimed purchase via open public auction with valid proofs. Since a petition for release of the seized stock was already pending before the Joint Collector, the High Court did not decide the merits and directed the Joint Collector to dispose of that petition within two working days.

What did the court decide?

Joint Collector directed to dispose of the petitioner's pending release petition within two working days; no costs; miscellaneous petitions closed.

Burle Suresh Kumar Vs the State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL

¶2

(Special Original Jurisdiction)

¶3

THURSDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR ^

¶4

PRESENT

¶5

THE HONOURABLE MS JUSTICE B S BHANUMATHL WRIT PETITION NO: 21509 OF 2024

¶6

Between:

¶7

Burle Suresh Kumar, S/o Venkata Appala Naidu, Aged about 38 years, R/o Kotha Karra Village, Merakamudidam Mandal Vizianagaram^District.

¶8

...PETITIONER(S)_

¶9

AND

¶10

The State of Andhra Pradesh, rep., by its Principal Secretary, Civil Supplies Department, Secretariat Buildings, Velagapudi,^{GunturDistrict.}

¶11

The Joint Collector, (Collector, Civil Supplies) Vizianagaram District. 3. The Deputy Tahsildar, CSDT (Civil Supplies Deputy Tahsildar), Merakamudidam Mandal, Vizianagaram District.

¶12

...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 appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in seizing 37,600 Kgs of Rice from the petitioners storage facilities on 12.09.2024 pursuant to a mediators report purportedly on the ground that the petitioner is illegally storing PDS Rice despite the petitioner furnishing valid proofs for purchase of the rice from the 2nd respondent as wholly arbitrary, illegal, eccentric, contrary to the 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)(9) 3nd 21 of Constitution of India and consequently declare the

¶13

¶14

seizure and all proceedings initiated pursuant to the mediators report dated 12.09.2024 as illegal and set-aside the same. ^

¶15

lA NO: 1 OF 2024

¶16

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 may be pleased to direct the 3'"'^ respondent to release 37,600 Kgs of Rice from the petitioner’s storage facilities on 12.09.2024 pursuant to a mediators report by staying all further proceedings in pursuance to the said mediators report. ^

¶17

Counsel for the Petitioner; SRI. S.V.S.S.SIVA RAM ^ Counsel for the Respondent Nos.1 to 3: GP FOR CIVIL^{SUPPLIES^} The Court made the following: ORDER

¶18

A7

¶19

APHC010422222024

¶20

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶21

(Special Original Jurisdiction)

¶22

[3311]

¶23

THURSDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

¶24

PRESENT

¶25

THE HONOURABLE MS JUSTICE B S BHANUMATHI

¶26

WRIT PETITION NO: 21509/2024

¶27

Between:

¶28

Burle Suresh Kumar ...PETITIONER

¶29

AND

¶30

The State of Andhra Pradesh and Others ...RESPONDENT(S)

¶31

Counsel for the Petitioner:

¶32

1 .S.V.S.S.Siva Ram

¶33

Counsel for the Respondent(S):

¶34

1.GP for Civil Supplies

¶35

The Court made the following:

¶36

ORDER:

¶37

This Writ Petition under Article 226 of Constitution of India is filed for the following relief:

¶38

...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3''^ respondent in seizing 37.600 Kgs of Rice from the petitioners storage facilities on 12.09.2024 pursuant to a mediators report purportedly on the ground that the petitioner is illegally storing PDS Rice despite the petitioner furnishing valid proofs for purchase of the rice from the 2^^ respondent as wholly arbitrary illegal eccentric contrary^tothe provisions of Essential Commodities Act, 1955, A.P State Targeted Public Distribution System (Control) Order, 2018

¶39

¶40

BSB,J W.P.No.21509 of2024

¶41

Code of Criminal Procedure besides being violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19(1)(g) and 21 of Constitution of India and consequently declare the seizure and all proceedings initiated pursuant to the mediatory report dated 12.09.2024 as illegal and set aside the same... ff

¶42

,T-

¶43

The contention of the petitioner is mainly that the seized stock was purchased by the petitioner i in an open public auction done by the respondent authorities, yet they failed to accept the explanation of the petitioner,

¶44

The learned counsel for the petitioner submitted that the petition was filed for release of the seized stock, but the same is pending and not disposed of by the 2’^^ respondent.

¶45

On written instructions, the learned Assistant Government Pleader submitted that the PDS rice said to have been purchased by the petitioner

¶46

was in December 2023, whereas a stipulated condition shows that the said stock should be disposed of within 15 days therefrom, but the same cannot be now claimed as an excuse.

¶47

However, since the petition for release of the stock is pending before .He 2- respondent and the relief claimed in the writ petition is also for the similar relief, the writ petition is disposed of directing the 2"respondent to dispose of the petition filed by the writ petitioner within two (02) working days from the date of the receipt of the copy of this order. There shall be no orders as to costs.

¶48

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

¶49

¶50

SD/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECnON^FFICER

¶51

To,

¶52

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

¶53

The Joint Collector. (Collector, Civil Supplies) Vizianagaram District The Deputy Tahsildar, CSDT (Civil Supplies Deputy Tahsildar) Merakamudidam Mandai, Vizianagaram District

¶54

¶55