M/S Vigneswara Traders Vs the State of Andhra Pradesh

M/S VIGNESWARA TRADERS, PLOT NO.1C-1-92/2, 13.C.COLONY, GUDIPALLIPADU (V), NELLORE RURAL (M), SPS NELLORE DISTRICT. REP. BY ITS PROPRIETOR M.NAGESWARA RAO.

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ANNAVARAPU MAHANANDA REDDY,, S/O.LATE VENKATA REDDY, AGE.55 YEARS, OWNER OF LORRY BEARING NO.AP26TF6426, RIO. D.NO.27-7-9398, 7TH CROSS ROAD, SARASWATHI NAGAR, NELLORE-2, SPS NELLORE DISTRICT.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI.-522238

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THE COLLECTOR CIVIL SUPPLIES, S.P.S.NELLORE.-524001

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THE FOOD INSPECTOR, NELLORE RURAL, SPS NELLORE DISTRICT -524001

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...RESPONDENT(S):

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Page 2 of 5

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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 an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of 3rd respondent in seizing, 400 Qtls of raw rice belongs to the 1st petitioner along with lorry bearing Nos.AP 26 TF 6426 belongs to the 2nd petitioner. on 1.06.2026 near Mahalakshmamma Temple, Gudipallipadu village, Nellore Rural Mandal, SPS Nellore District without conducting panchanama on that day and conducting panchanama on the next day i.e., on 02.06.2026 and further order passed by the 2nd respondent in Rc.B2.192/2026, dt.23.06.2026 directing to sell the seized stock through public auction and ordering to release the seized lorry bearing No. AP 26 TF 6426 to the 2nd petitioner on his producing Bank F.D.R for an amount of Rs.6,00,000/- as illegal, arbitrary and violative of the provisions of the Essential Commodities Act, 1955 and the orders made there under and set aside the order Rc.B2.192/2026, dt.23.06.2026 passed by the 2nd respondent and consequently direct the respondents to release seized rice to the 1St petitioner and the lorry to the 2nd petitioner and not to take any action in pursuance of the illegal seizure and to pass

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IA NO: 1 OF 2026

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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 seized stock (rice) to the 1st petitioner and the lorry bearing No. AP 26 TFI 6426 to the 2nd petitioner by suspending the order in Rc.B2.192/2026, dt.23.06.2026 passed by 2nd respondent, pending disposal of writ petition and pass

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Counsel for the Petitioner(S):

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1.V SUDHAKAR REDDY

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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 order:

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Page 3 of 5

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Heard Sri V. Sudhakar Reddy, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies, for respondents 1 to 3.

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Aggrieved by the action of respondent No.2 in seizing 397.25 quintals of raw rice belonging to petitioner No.1 along with vehicle bearing No.AP 26 TF 6426, belonging to petitioner No.2 under the cover of Panchanama dated 02.06.2026 (Ex.P2), the above writ petition was filed.

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Upon hearing the learned counsel on both sides and perusing the material available on record, it is revealed that after the seizure of the rice and vehicle, proceedings under Section 6A of the Essential Commodities Act, 1955 (for short ‘the Act’) were initiated before respondent No.2, the competent authority. Respondent No.2 is the competent authority to decide the illegality and validity of the seizure in the proceedings under Section 6A of the Act. This Court, at this juncture, is not inclined to interfere with 6A proceedings at this juncture.

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However, given the facts and circumstances of the case and the decision reported in Onteru Bhaskar v. State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department and others¹ , this Court deems it appropriate to direct respondent No.2 to release the seized stock in favour of the petitioner with certain conditions to protect the interest of both the parties, pending disposal of 6A proceedings.

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Accordingly, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondent No.2 to release the stock seized pursuant to the panchanama, dated 02.06.2026 (Ex.P2) in favour of petitioner No.1, subject to the condition of furnishing personal or third party immovable property as security, equivalent to the value

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1 2022 SCC Online AP 348

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Page 4 of 5

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of the seized stock, within two weeks from the date of the receipt of a copy of this order.

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Respondent No.2 shall also release the seized vehicle bearing No.AP 26 TF 6426, in favour of petitioner No.2 upon furnishing the personal or thirdparty immovable property security equivalent to the value of the seized vehicle within two weeks from the date of receipt of a copy of this order.

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Learned respondent No.2 shall ensure the collection of samples of the seized stock in the presence of the petitioner before releasing the stock. There shall be no order as to costs.

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

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___________________________ JUSTICE SUBBA REDDY SATTI

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Date: 03.07.2026 IKN

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Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

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Page 5 of 5

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