Anakala Narayana Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

Anakala Narayana Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Release of the seized vehicle (Ashok Leyland Bada Dost 14T Add, Regn. No. AP 39 UD 0443) to the petitioner upon furnishing third party immovable property security of Rs.4,00,000/- and filing undertakings (no alienation/third party interest during pendency of 6-A proceedings; no substantial alteration of the vehicle); miscellaneous applications closed; no order as to costs.

Issue for consideration

Whether the condition imposed by the 2nd respondent's memo dated 22.12.2025 requiring the petitioner to furnish a Bank Guarantee of Rs.4,00,000/- for release of his vehicle seized under Section 6-A of the Essential Commodities Act, 1955 is illegal and arbitrary, and whether the respondents should be directed to release the seized vehicle.

Court's answer

Both counsel jointly submitted that the issue is squarely covered by the Coordinate Bench order dated 20.06.2025 in Writ Petition No.14640 of 2025; taking into consideration the submissions and following that order, for the reasons alike, this writ petition also stands disposed of in terms of the said orders.

Ratio / Principle

The respondents are directed to release the subject vehicle (AP 39 UD 0443) on the petitioner furnishing third party immovable property security for Rs.4,00,000/- (Rupees Four Lakhs Only); there shall be no order as to costs.

Key takeaways

The petitioner shall file an undertaking before the respondents that he will not alienate or create third party interest over the vehicle during pendency of the 6-A proceedings, containing a further recital that he shall not substantially alter or change the condition of the vehicle.ratio¶32

Detailed headnote1 paragraphs

Essential Commodities Act, 1955 — S.6-A seizure of vehicle on allegation of transporting PDS rice — Joint Collector's memo (SR.No.45/2025/S1, dt.22.12.2025) conditioned interim release of the owner's vehicle (AP 39 UD 0443) on furnishing a Bank Guarantee of Rs.4,00,000/- — Writ challenge before the Andhra Pradesh High Court (Single Judge) disposed of by expressly following a Coordinate Bench order dated 20.06.2025 in W.P.No.14640 of 2025, 'for the reasons alike' — Vehicle directed to be released on the petitioner furnishing third party immovable property security of Rs.4,00,000/- instead, coupled with undertakings that he shall not alienate or create third party interest over the vehicle during pendency of the 6-A proceedings and shall not substantially alter or change its condition — No order as to costs; miscellaneous applications closed.

[3332]

APHC010229972026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11898/2026

Between:

ANAKALA NARAYANA, S/O GANGAYYA AGE. 30 YEARS, OCC. DRIVER (OWNER OF THE VEHICLE NO.AP 39 UD 0443) R/O D.NO.17-1-17, GODDUVANIPALEM PEDAGANTYADA, VISAKHAPATNAM CITY, VISAKHAPATNAM DIST.

...PETITIONER

AND

STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY (CIVIL SUPPLIES) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.-522237

THE JOINT COLLECTOR, VISAKHAPATNAM DIST., AT VISAKHAPATNAM. PIN.530002

THE SR CHECKING INSPECTOR, PEDAGANTYADA AREA O/O ASSISTANT SUPPLY OFFICE, CIRCLE-ILL, GAJUWAKA, VISAKHAPATNAMCITY.-530026

THE STATION HOUSE OFFICER, PEDAGANTYADA PS, VISAKHAPATNAM CITY-530026

...RESPONDENT(S):

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 topleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the Memo issued by the 2nd respondent vide SR.NO.45/2025/S1 dt.22-12-2025 (to the extent of imposing

condition) directing the petitioner to furnish the Bank Guarantee for Rs.4,00,000/- for release of seized Ashok Leyland (Bada Dost 14T Add) bearing Registration No.AP 39 UD 0443, which was seized for the offence under Sec.6-A of Essential Commodities Act, 1955 on 10-3-2025 on the alleged transportation of PDS rice is illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of the Essential Commodities Act, 1955 and consequently set aside the condition imposed by the 2nd respondent and further direct the respondents to release the seized vehicle in favour of the petitioner , and pass

IA NO: 1 OF 2026

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 pleased to direct the respondents to release the seized Ashok Leyland (Bada Dost 14T Add) bearing Registration No.AP 39 UD 0443, in favour of the petitioner, pending disposal of the Writ Petition and pass

Counsel for the Petitioner:

1.M M M SRINIVASA RAO

Counsel for the Respondent(S):

1.GP FOR CIVIL SUPPLIES

The Court made the following:

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11898/2026

ORDER:

Declaring the memo issued by the 2^nd respondent vide SR.No.45/2025/S1, dated 22.12.2025 (to the extent of imposing condition) directing the petitioner to furnish a Bank Guarantee for Rs.4,00,000/- for release of Ashok Leyland (Bada Dost 14T Add) bearing Registration No.AP 39 UD 0443, which was seized in connection with an offence under Section 6-A of the Essential Commodities Act, 1955, on 10.03.2025 on the allegation of transportation of PDS rice, as illegal and arbitrary, the present writ petition is filed.

Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies appearing for the respondents.

The learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies collectively submitted that, the issue involved in this Writ Petition is squarely covered by the order of a Coordinate Bench of this Court dated 20.06.2025 in Writ Petition No.14640 of 2025 which is placed on record and prayed to pass order on the same lines.

Taking into consideration the submissions of both the learned counsel and following the above said order and for the reasons alike, this Writ Petition also stands disposed of in terms of the orders referred supra.

Accordingly, the Writ Petition is disposed of directing the respondents to release the subject vehicle, on furnishing third party immovable property security for an amount of Rs.4,00,000/- (Rupees Four Lakhs Only) by the petitioner. The petitioner is further directed to file undertaking before the respondents that he shall not alienate or create third party interest over the subject vehicle during pendency of the 6-A proceedings. It is needless to mention that the said undertaking shall also contain a recital that the petitioner shall not substantially alter or change the condition of the subject vehicle. There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed.

JUSTICE RAVI CHEEMALAPATI

Date: 28.04.2026. JLV

45

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 11898/2026

Date: 28.04.2026 JLV