Andhra Pradesh High Court - Amravati
Atikam Nageswara Rao vs State Of Andhra Pradesh, on 7 November, 2025
APHC010598302025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3333]
(Special Original Jurisdiction)
FRIDAY,THE SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 30860/2025
Between:
1. ATIKAM NAGESWARA RAO, S/O KRISHNA MURTHY AGE 52
YEARS, OCC BUSINESS (OWNER OF THE VEHICLE) R/O
KANCHANAPALLI-POST, GUNDALA MANDAL,
BHADRADRIKOTHAGUDEM DIST.
...PETITIONER
AND
1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY (CIVIL SUPPLIES) DEPARTMENT, SECRETARIAT,
VELAGAPUDI, GUNTUR DIST.
2. THE COLLECTOR CS, PALANADU DIST., AT NARASARAOPETA.
3. THE FERTILIZER INSPECTOR AND MANDAL AGRICULTURAL
OFFICER, DACHEPALLI MANDAL, PALANADU DIST.
4. THE STATION HOUSE OFFICER, DACHEPALLI PS, PALANADU
DIST.
...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 action of the 2nd respondent in
initiating the proceedings under 6A of Essential Commodities Act, 1955 vide
E.C.Act Case NO.68/2025-S4 on the alleged transportation of Fertilizers in
violation of Clause No.3 of Fertilizer Movement (Control) Order, 1973 and
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VS,J
W.P.No.30860/2025
Cl.7 and 19 of the Fertilizer (Control) order, 1985 though the petitioner is no
way concerned with the transportation of the seized fertilizers 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 proceedings initiated under 6A of EC Act, and further direct the
respondents to release the seized vehicle bearing NO.TS 28 T 6467 in favour
of the petitioner
IA NO: 1 OF 2025
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 vehicle Bolero
bearing No.TS 28 T 6457 in favour of the petitioner, pending disposal of the
Writ Petition
Counsel for the Petitioner:
1. M M M SRINIVASA RAO
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR CIVIL SUPPLIES
3. GP FOR AGRICULTURE
The Court made the following:
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VS,J
W.P.No.30860/2025
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"... to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd respondent in initiating the proceedings under 6A of Essential Commodities Act, 1955 vide E.C.Act Case NO.68/2025-S4 on the alleged transportation of Fertilizers in violation of Clause No.3 of Fertilizer Movement (Control) Order, 1973 and Cl.7 and 19 of the Fertilizer (Control) order, 1985 though the petitioner is no way concerned with the transportation of the seized fertilizers 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 proceedings initiated under 6A of EC Act, and further direct the respondents to release the seized vehicle bearing NO.TS 28 T 6467 in favour of the petitioner..."
2. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies.
3. The brief facts of the case are as follows:
a) The petitioner is the owner of the subject vehicle i.e., Ashok Leyland Lorry bearing No.TS 28 T 6457, having purchased the same in the year 2018, by borrowing huge amount from the close relatives and financiers. The petitioner entrusted the lorry to the driver namely Sri Bolagana Sudheer, for transportation of goods on hire basis.
b) On 26.08.2025 at about 6-00 P.M., while the vehicle was transporting urea, the respondent No.3 along with mediators intercepted the vehicle at Pondugula Interstate Check post, Dachepalli Town, and seized 80 bags of urea from the vehicle, inspite of furnishing the bills to prove that the said urea was purchased by the farmers.
c) Basing on a report submitted by the 3rd respondent, the 2nd respondent initiated 6A proceedings under Essential Commodities Act, 1955 and issued notice under Section 6-B. Basing on the said complaint filed by the 3rd respondent, the 4th respondent also registered a case in Crime No.153 of 2025 under Sections 318 (4) read with 3(5) of Bharatiya Nagarik Suraksha 4 VS,J W.P.No.30860/2025 Sanhita, 2023 and 7 (1) of E.C Act. Challenging the said action of the respondents, the present writ petition is filed.
4. Though the petitioner has challenged initiation of 6A proceedings, however, restricted his relief only to the extent of release of vehicle i.e., Lorry bearing No.TS 28 T 6457 involved in the said transaction.
5. Learned Assistant Government Pleader on oral instructions submits that the owner has not filed any representation before the Joint Collector seeking release of the vehicle i.e., lorry bearing No.TS 28 T 6457 and has straightaway approached this Court.
The learned counsel for the petitioner did not dispute the same.
6. In view of the same, instead of going into the merits of the case, the Writ Petition is disposed of directing the petitioner to approach the 2nd respondent by submitting a representation requesting for release of the vehicle i.e., Ashok Leyland Lorry bearing No.TS 28 T 6457, on furnishing third-party local security equivalent to the value of the vehicle, as the petitioner is a resident of Telangana State, within a period of one week from the date of receipt of copy of this order. Upon receipt of such representation, the 2nd respondent shall release the vehicle on furnishing the third party local security equivalent to the value of the vehicle i.e., Ashok Leyland Lorry bearing No.TS 28 T 6457. No order as to costs.
Consequently, Miscellaneous Petitions, if any, pending shall stand closed.
______________________ JUSTICE V.SUJATHA Date: 07.11.2025 Note: Issue C.C. by 10.11.2025 B/o KBN 5 VS,J W.P.No.30860/2025 07 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30860/2025 Date: 07.11.2025 Note: Issue C.C. by 10.11.2025 B/o.
KBN