Shaik Noor Ahamad Vs The State of Andhra Pradesh

SHAIK NOOR AHAMAD, S/O S. MOHIDDIN SAHEB AGED ABOUT 65 YEARS, OWNER OF SEIZED STOCK, (RICE) AND VEHICLE SAI BABA PETA, NANDIKOTKUR VILLAGE AND MANDAL, KURNOOL DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETERIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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X, X

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X, X

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THE JOINT COLLECTOR, KURNOOL, KURNOOL DISTRICT.

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THE TAHSILDAR, NANDIKOTKUR MANDAL, KURNOOL DISTRICT

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THE STATE STATION HOUSE OFFICE, NANDIKOTKUR P.S KURNOOL DISTRICT.

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...RESPONDENT(S):

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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 toto issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent seized

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the vehicle Goods Carriage-LMV bearing No. AP 21 TZ 5129 with 44 rice bags ( 22 Qutls ) through Panchayathinama dated 4-02-2019 at NS function Hall, Allur Road, Nandikotkur town Kurnool District is wholly illegal, arbitrary , against law and consequentially direct the respondents to set aside the above said Panchayathinama dated 4-02-2019 and pass

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IA NO: 1 OF 2019

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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 direct the respondents to release seized vehicle lorry bearing No. AP 21 TZ 5129 with 44 rice bags 22 Qutls ) through Panchayathinama dated; 4-2-2019 at NS function Hall, Allur Road, Nandikotkur town , Kurnool District pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner:

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1.INENI VENKATA PRASAD

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.0

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3.GP FOR CIVIL SUPPLIES (AP)

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The Court made the following:

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1717/2019

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ORDER :

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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“ …to issue any 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 vehicle Goods Carriage-LMV bearing No.AP 21 TZ 5129 with 44 rice bags (22 Qutls) through Panchayathinama dated 04.02.2019 at NS function Hall, Allur Road, Nandikotkur town, Kurnool District as wholly illegal, arbitrary, against law and consequentially direct the respondents to set aside the above said Panchayathinama dated 04.02.2019…”

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The petitioner is engaged in the Borugula (pubbed rice) business at Nandikotkur Village, Kurnool District, collecting rice from surrounding villages in exchange for Borugula. On 04.02.2019, while transporting 44 bags of rice in Goods Carriage-LMV bearing No. AP 21 TZ 5129 via Allur Road, the 4^th respondent staff stopped the vehicle in front of N.S. Function Hall, seized the rice and vehicle, alleging that the rice was PDS rice.

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When the writ petition came up for admission on 03.04.2019, this Court passed the following interim order:-

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“Hence, the second respondent is directed to give interim custody of the stock and vehicle bearing registration No.AP 21 TZ 5129 to the petitioner subject to production of the relevant documents, to prove ownership of the subject vehicle, and subject to his furnishing personal bond for the amount equivalent to the value of the vehicle and to the satisfaction of the

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competent authority. Till the conclusion of the proceedings/prosecution, petitioner shall also give an undertaking that he will not alienate the vehicle, create any third party rights, remove major parts of the vehicle and that the vehicle will be produced as and when required during the course of proceedings.”

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Today, when the matter came up for hearing, the learned Assistant Government Pleader for Civil Supplies furnished a copy of the instructions of the Collector (CS), Nandyal District, Nandyal, vide Rc.CS1/E.C.No.17/2019, dated 09.09.2025, wherein it is stated that in terms of the interim orders granted by this Court on 03.04.2019, the Joint Collector, Kurnool, vide his proceedings Rc.CS1/EC.No.17/2019, dated 02.05.2019, has ordered the release of the seized vehicle bearing No.AP 21 TZ 5129 and as well as 19.80 Qtls of the seized stocks to the petitioner by directing the Tahsildar to release the same under proper acknowledgment. Accordingly, the vehicle and as well as the seized stocks have been released in favour of the petitioner and further stated that the 6A proceedings are still pending for enquiry before the respondents.

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In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition.

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Accordingly, the Writ Petition is disposed of directing the 2^nd respondent to complete the enquiry u/s 6A of E.C.Act, 1955, as expeditiously as possible, preferably within a period of two (02) months from the date of the receipt of the copy of order. No costs.

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Consequently miscellaneous applications pending, if any, in the Writ

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Petition, shall also stand closed.

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JUSTICE V.SUJATHA

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