BharatTaxGST

Sri Radha Hari Millers vs. The State Of Ap

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WP/32282/2025HC Andhra PradeshGSTCNR APHC01062043202519 November 2025Bench: V.SUJATHA5 pages
For Petitioner: N SIVA REDDYFor Respondent: GP FOR CIVIL SUPPLIES
AI SummaryPartly Allowed

Facts

The petitioner's lorry carrying rice was seized by authorities on suspicion of it being PDS rice, despite the driver providing waybills. The petitioner had a GST license and was operating a rice mill legally.

Held

The Court directed the respondent to consider the petitioner's representation for the release of the seized lorry and stock, provided a bank guarantee equivalent to the stock's value is furnished.

Key Issues

Whether the seizure of the lorry and rice was illegal and arbitrary, and if the petitioner is entitled to the release of the seized goods upon furnishing security.

Sections Cited

Section 6-A

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
APHC010620432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32282/2025 Between: 1. SRI RADHA HARI MILLERS, CONTRACTORS OF M/S VIJAYA LAKSHMI MODERN RICE MILL, AT DOOR NO. 2-181, Y.B.PATNAM - 531 116, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS EX-OFFICIO SECRETARY-CUM- COMMISSIONER OF CIVIL SUPPLIES, CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, KANURU, VIJAYAWADA - 520 007 2. THE COLLECTOR CIVIL SUPPLIES, ANAKAPALLI DISTRICT, AT ANAKAPALLI - 531 001 3. THE DEPUTY TAHSILDAR CIVIL SUPPLIES, NATHAVARAM -531 115, ANAKAPALLI 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 a writ order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing the Lorry bearing Registration No. AP05 TA 9699 along with the stock of 300.40 Quintals of rice of the petitioner pursuant to the case registered under Section 6-A of the Essential Commodities Act on 05-10-2025 as illegal, arbitrary and unjust and consequently direct the Respondents to release the seized Lorry 2 VS,J W.P.No.32282 of 2025 bearing Registration No. AP05 TA 9699 along with the stock of 300.40 Quintals of rice in favour of the Petitioner 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 Respondents to release the Lorry bearing Registration No. AP05 TA 9699 along with the stock of 300.40 Quintals of rice, which was seized 05- 10-2025 in connection with a case under Section 6-A of the Essential Commodities Act in favour of the petitioner forthwith, pending disposal of the present Writ Petition and pass Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.No.32282 of 2025

ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing the Lorry bearing Registration No. AP05 TA 9699 along with the stock of 300.40 Quintals of rice of the petitioner pursuant to the case registered under Section 6-A of the Essential Commodities Act on 05-10-2025 as illegal, arbitrary and unjust and consequently direct the Respondents to release the seized Lorry bearing Registration No. AP05 TA 9699 along with the stock of 300.40 Quintals of rice in favour of the Petitioner forthwith…..”

2.

Brief facts of the case are as follows:

a) The petitioner is a proprietary concern dealing with the business of running a rice mill for processing paddy into rice and carrying on business after obtaining trade license and GST license since the year 2017. The petitioner’s rice mill is running under the name and style of M/s Vijaya Lakshmi Modern Rice Mill situated at Y.B.Patnam Village in Nathavaram Mandal of Anakapalli District.

b) While that being so, on 04.10.2025 the petitioner received an order from Narsipatnam traders for supply of 300 quintals of rice, for which the petitioner has agreed and accordingly 608 bags (each consisting of 50 Kgs) were loaded in his own lorry bearing Registration No.AP05 TA 9699. On the intervening night of 4/5.10.2025, the lorry was dispatched on the early hours of 05.10.2025 by giving waybills and other documents in support of the load to the driver of the vehicle, instructing him to deliver the stock to the trader at Narsipatnam. When the said lorry reached along with stock at M.B.Patnam Village enroute to Narsipatnam, the Civil Supplies and Vigilance authorities stopped the vehicle and seized the rice available in the lorry alleging that it was PDS rice, though the driver has furnished all the necessary waybills to prove that the rice was not PDS rice, and thereafter a case was also registered as against the petitioner in FIR No.119 of 2025 on 05.10.2025 for the offences under Section 318(4) of BNS and section 7(1) of the Essential Commodities Act, 1955. c) The 3rd respondent also filed a report under Section 6-A of the Essential Commodities Act, 1955 before the 2nd respondent for initiating proceedings under Section 6-A. Thereafter, the petitioner approached the 2nd respondent on 13.10.2025 requesting release of the stock on his furnishing bank guarantee equivalent to the value of the seized stock, by way of a representation on the same day, which was also endorsed by the office of the 2nd respondent. d) The grievance of the petitioner is that in spite of the representation submitted by the petitioner, the lorry and the seized stock have not yet been released in favour of the petitioner. Hence, the writ petition is filed.

3.

Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies.

4.

Since the petitioner has submitted a representation to the 2nd respondent on 13.10.2025 requesting release of the lorry bearing registration No.AP05 TA 9699 and the seized stock on his furnishing bank guarantee equivalent to the value of the stock, there shall be a direction to the 2nd respondent to consider the petitioner’s representation dated 13.10.2025 and release the same in accordance to law within a period of one (1) week from the date of receipt of a copy of this order.

5.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed.

______________________ JUSTICE V.SUJATHA Date: 20.11.2025 KGR

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.