Andhra Pradesh High Court - Amravati
Aitha Krishna vs The State Of Andhra Pradesh on 9 December, 2024
APHC010522282024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY, THE NINTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 27570/2024
Between:
Aitha Krishna ...PETITIONER
AND
The State of Andhra Pradesh and others ...RESPONDENT(S)
Counsel for the Petitioner:
1. MARELLA RADHA Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES The Court made the following Order:
This writ petition is filed under Article 226 of 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 respondents in not releasing the seized stock of 200.30 Qtls of rice to the petitioner for interim custody despite the petitioner's readiness to furnish a bank guarantee or personal bond as illegal, arbitrary and violative of Article 19, 21 of 2 W.P.No.27570 of 2024 Constitution of India and contrary to the Essential Commodities Act, 1955 and orders made there under including the A.P. State Targeted Public Distribution System Control (Order), 2018 and consequently direct the respondent Nos.2 to 6 to release the seized stock of 200.30 Qtls of rice to the petitioner for interim custody upon submission of necessary sureties forthwith and pass such other and to pass..."
02. The case of the petitioner is briefly as follows:
The petitioner is a businessman engaged in the rice trade for over 15 years, operating under the name and style of Sri Srinivasa Manikanta Traders in Saroor Nagar, Hyderabad. On 14.08.2024 at 05:00 AM, the 3rd the respondent seized 200.30 Qtls of rice from a vehicle bearing registration number AP 29 U 6459 at Gudvalli, alleging that it was Public Distribution System (PDS) rice and registered the Crime No.638 of 2024 in Patamata Police Station, Vijayawada under Section 318 r/w 3(5) of B.N.S Act, 2023, against the petitioner, the lorry driver and Khaja Staynarayan, though the petitioner was not at all present in the scene of offence. The seized rice was intended for sale to Sri Venkateswara Poultry Farms, Rajanagaram, as per a legitimate business order dated 13.08.2024. The petitioner filed his petition/representation on 01.11.2024 before the 2nd respondent in ECP.No.111 of 2024, indicating his readiness to furnish surety for release of seized stock. But, the respondent authorities have not considered the same. Thus, this writ petition was filed.
03. The learned counsel for the petitioner requested to pass appropriate orders as the representation of the petitioner is pending 3 W.P.No.27570 of 2024 before the concerned authority for release of the stock despite the petitioner's readiness to furnish bank guarantee or personal bond.
04. The learned Assistant Government Pleader representing the respondents submitted that instructions had not yet been received.
05. On 26.11.2024, after hearing the learned counsel for the petitioner, the matter was adjourned to 02.12.2024 for enabling the Assistant Government Pleader to get instructions. Even then, no instructions have been passed on.
06. As such, the learned counsel for the petitioner expressed urgency for disposal of the representation as the stock might be put to sale through auction, which would defeat the purpose of filing the writ petition.
07. Under these circumstances, the writ petition is disposed of directing the concerned authorities/respondents to hear the petitioner and dispose of the pending representation for release of stock within one (01) week from the date of receipt of copy of this Order and till that time, not to put the stock to sale.
There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
________________________ JUSTICE B.S.BHANUMATHI Date: 09.12.2024 Note: Issue CC by 11.12.2024 b/o NSM 4 W.P.No.27570 of 2024 104 HON'BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 27570/2024 Date: 09.12.2024 Note: Issue CC by 11.12.2024 b/o NSM