Disposed¶52

Muthukuru Srinivasulu v. the State of Ap

Andhra Pradesh HC7 Jan 2025WP/268/2025

Case brief

AI extract

What is this about?

Writ petition under Article 226 challenging Collector (CS), Annamayya District order dated 18.12.2024 confiscating 600 bags of PDS rice and lorry AP 21 TF 2888 with Rs. 2,00,000/- fine; disposed of with liberty to pursue appeal before District and Sessions Judge, Kadapa (alternative remedy); no costs; interim application under Section 151 CPC closed; single judge B S Bhanumathi; decision date 08/01/2025.

What did the court decide?

Liberty to the petitioner to approach the concerned Court (Sessions Court) challenging the impugned order dated 18.12.2024, with the petition there to be disposed of within a week; no order as to costs; miscellaneous petitions closed. No interim release of the vehicle or PDS rice was granted by this Court. ¶52

Muthukuru Srinivasulu Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition should be entertained notwithstanding the availability of an appeal against the impugned confiscation order before the Court of District and Sessions Judge, Kadapa (alternative remedy point raised by the learned Assistant Government Pleader).

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Court's answer

The writ petition is disposed of, giving the petitioner liberty to approach the concerned Court (Sessions Court) challenging the impugned order, whereupon the petition may be disposed of within a week.

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Ratio / Principle

There shall be no orders as to costs.

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Key takeaways

As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.ratio¶54

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Hon'ble Ms Justice B S Bhanumathi), W.P. No. 268 of 2025 (Muthukuru Srinivasulu and Others v. The State of AP and Others), decided 08-01-2025: The petitioner, aggrieved by the order dated 18.12.2024 of the Collector (CS), Annamayya District, Rayachoty confiscating 100% of seized PDS rice (600 bags) and lorry bearing No. AP 21 TF 2888 and imposing Rs. 2,00,000/- fine on the vehicle owner, filed a writ petition under Article 226 seeking a writ of mandamus and release of the vehicle and rice on third-party security/guarantee/personal bond. On the Assistant Government Pleader pointing out that an appeal lay before the Court of District and Sessions Judge, Kadapa within 30 days of receipt of the impugned order, and on learned counsel for the petitioner seeking liberty to approach the Sessions Court, the Court disposed of the writ petition granting such liberty, directed that the petition there be disposed of within a week, made no order as to costs, and closed the miscellaneous petitions (including I.A. No. 1 of 2025 under Section 151 CPC seeking interim release).

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u n;

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE EIGHTH 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: 268 OF 2025

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Between:

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Muthukuru Srinivasulu, S/o. Ramanjaneyulu, aged about 48 years Occ: Business, R/o H.No. 13/94/2, Kondapet, Banaganapalli town, Nandyal District-518124

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...PETITIONERS

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AND

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The State of AP, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies AP Secretariat, Amaravati Guntur District.

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The Collector (CS), Annamayya District, Rayachoty.

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The District Supplies officer, Annamayya District, Rayachoty

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The Tahsildar, Rajampet Mandal, Rayachoty Annamayya^Disrtict

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The Station House Officer, Rajampet Police Station, Rajampet Annamayya District.

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...RESPONDENTS

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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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the 2 nd respondent in issuing the impugned order dated 18-12- 024 ordering to confiscate (100%) the seized stock of PDS rice to the extent of 600 bags and vehicle (lorry) bearing No AP 21 TF 2888 and imposing^anamountof Rs. 2,00,000/- towards fine on the owner of the vehicle and to release the seized vehicle is illegal arbitrary improper unjust and against to the principals of natural justice and consequently to direct the Respondents to release the vehicle bearing No. AP 21 TF 2888 and PDS rice to the extent of 600 bags by accepting 3'^'^ party security/guarantee/ personal bond.

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lA NO: 1 OF 2025

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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 the vehicle bearing No. AP 21 TF 2888 and PDS rice bags to an extent of 600 bags by accepting third party surety/guarantee/personal bond pending disposal^{oftheabovewrit} petition.

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Counsel for the Petitloner(s): SRI VANGA ANITA

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Counsel for the Respondents Nos.1 to 4: GP FOR CIVIL SUPPLIES

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Counsel for the Respondent No.5: HOME DEPARTMENT

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The Court made the following: ORDER

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APHC010005462025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3311]

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(Special Original Jurisdiction)

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WEDNESDAY ,THE EIGHTH 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: 268/2025

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Between:

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Muthukuru Srinivasulu and Others

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...PETITIONER(S)

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AND

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The State Of Ap and Others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.GP FOR HOME

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2.VANGA ANITA

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Counsel for the Respondent(S):

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1.GP FOR CIVIL SUPPLIES

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The Court made the following:

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ORDER

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

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“ to issue a writ order or direction more particularly^one in the nature of writ of mandamus by declaring the action^ofthe 2’^^ respondent in issuing the impugned order dated^18.12.2024 ordering to confiscate (100 percent) the seized stock^ofPDS rice to the extent of 600 bags and vehicle (lorry) bearing No AP 21 TF 2888 and imposing an amount of Rs 2,00,000/-^towards

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BSB,J W.P.No.268 of 2025

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fine on the owner of the vehicle and to release the seized vehicle is illegal, arbitrary improper unjust and against^tothe principals of natural justice and consequently to direct the respondents to release the vehicle bearing No.AP 21 TF 2888 and PDS rice to the extent of 600 bags by accepting 3'^'^ party security/guarantee/personal bond and pass such other order....”

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The petitioner is aggrieved by the impugned order of the Collector (CS), Annamayya District, Rayachoty dated 18.12.2024 directing the confiscation of the seized stock and the vehicle. Though the remedy of appeal against the said order is available to approach the Court of District and Sessions Judge, Kadapa within 30 days from the date of receipt of the impugned order, this writ petition is filed.

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The learned Assistant Government Pleader submitted that the petitioner could have approached the Sessions Court. Then the learned counsel for petitioner sought liberty to approach the Sessions Court.

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Accordingly, the writ petition is disposed of giving liberty to approach the concerned Court challenging the impugned order whereupon the petition may be disposed of within a week.

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There shall be no orders as to costs.

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

To,

//TRUE COPY//

Sd/- U.SRI DEVI ASSISTANT REGISTRAR SECTFt6NT5FFICER

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