Andhra Pradesh High Court - Amravati
Aitha Vijaya vs The State Of Ap on 22 July, 2025
APHC010360122025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3505]
(Special Original Jurisdiction)
TUESDAY, THE TWENTY SECOND DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 18391/2025
Between:
1. AITHA VIJAYA, W/O. AITHA KRISHNA, AGED 56 YEARS,
R/O. 11-14-15/A/1, FLAT NO. 102, VASAVI RAJAMANI
MEADOWS, ROAD NO.1, HARIPURI COLONY, KOTHAPET,
SAROORNAGAR, K.V.RANGAREDDY DISTRICT
TELENGANA STATE.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY
CIVIL SUPPLIES DEPARTMENT SECRETARIAT BUILDINGS
,VELAGAPUDI.GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR CIVIL SUPPLIES, NTR
DISTRICT AT VIJAYAWADA.
3. THE DEPUTY THASILDHAR PDS, GAMPALAGUDEM
GAMPALAGUDEM MANDAL NTR DISTRICT.
4. THE STATION HOUSE OFFICER, GAMPALAGUDEM POLICE
STATION, GAMPALAGUDEM NTR DISTRICT.
...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 to issue an order, writ or direction more
2
TCDS,J
W.P.No.18391 of 2025
particularly in the nature of Writ of Mandamus declaring the action of
the respondents in not releasing the vehicle HMV Eicher Vehicle
bearing Registration No. TG 12 T 2190 despite the petitioner's
readyness to furnish a bank guarantee or personal bond as illegal,
arbitrary and violative of Article 19, 21 of Constitution of India and
contrary to the Essential Commodities Act 1955 and orders made
there under including the AP State Targeted Public Distribution
System Control Order 2018 and consequently direct the 2 to 4
respondents to release the vehicle HMV Eicher Vehicle bearing
Registration No. TG 12 T 2190 forthwith and pass
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 to direct the 2 to 4 respondents to
release the vehicle HMV Eicher Vehicle bearing Registration No. TG
12 T 2190 to the petitioner forthwith pending disposal of the Writ
Petition and pass
Counsel for the Petitioner:
1. MARELLA RADHA
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
3
TCDS,J
W.P.No.18391 of 2025
ORDER:
The petitioner claims that she is the owner of the Goods Carriage HMV Eicher Vehicle bearing registration No.TG 12 T 2190.
2. It is further case of the petitioner that on 14.05.2025 at about 6.00 p.m., the complainant-Civil Supplies Deputy Tahsildar, Gampalagudem, on credible information, regarding the illegal sale and purchase of PDS rice, proceeded towards Gampalagudem and conducted a raid with the assistance of mediators and inspected the vehicle bearing registration No.TG 12 T 2190. During the inspection, it was found that the said vehicle was transporting 202 bags of PDS rice. Consequently, both the vehicle and rice were seized on the same day.
3. It is further case of the petitioner that she made a representation dated 30.06.2025 to respondents No.2 to 4 seeking to release the subject vehicle. However, the respondents have not taken any action to release the vehicle, despite the petitioner is ready to furnish a bank guarantee or personal bond. Therefore, the petitioner approached this Court seeking grant of interim custody of the subject vehicle.
4. The learned counsel for the petitioner placed reliance on order, dated 15.02.2022 passed in Writ Appeal No.201 of 2022. In 4 TCDS,J W.P.No.18391 of 2025 the said appeal, the Division Bench of this Court while disposing of the matter, directed the appellants therein to furnish third party immovable property security to the value of the vehicles.
5. Learned Assistant Government Pleader did not object to pass the similar order.
6. Having considered the submissions made by the learned counsel for the petitioner, the present writ petition is disposed of, directing the respondents to release the subject vehicle, on petitioner furnishing bank guarantee for an amount of Rs.3,50,000/- (Rupees three lakhs fifty thousand only). The petitioner is further directed to file undertaking before the respondents that she 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.
7. With the above directions, the present writ petition is disposed of. There shall be no order as to costs.
As a sequel, pending applications, if any, shall stand closed.
_____________________ JUSTICE T.C.D.SEKHAR Dt: 22.07.2025 KGR