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Navadurga Rice Traders vs. The State Of Andhra Pradesh

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WP/27538/2025HC Andhra PradeshGSTCNR APHC01049510202508 October 2025Bench: V.SUJATHA7 pages
For Petitioner: ANASURI ESWAR SAIFor Respondent: GP FOR REVENUE, GP FOR CIVIL SUPPLIES

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Cause title — parties, addresses and appearances
APHC010495102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27538/2025 Between: 1. NAVADURGA RICE TRADERS, REP. BY ITS PROPRIETOR, T.PAVAN KALYAN, D.NO.6/720, PRODDATUR ROAD, MYDUKUR TOWN, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE JOINT COLLECTOR, KADAPA, YSR DISTRICT. 3. 3. THE TAHSILDAR, BADVEL MANDAL, YSR DISTRICT. 4. 4. THE ENFORCEMENT DEPUTY TAHSILDAR CS, BADVEL, YSR 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 topleased to issue a writ order or 2 VS,J W.P.NO.27538 OF 2025 direction more particularly one in the nature of Writ of Mandamus to direction challenging the orders vide Ref.No.I(2)/476/2025, dated 05-07-2025 passed by the 2ndrespondent directing the seizeed stock of 600 plastic bags of Rice is ordered to be confiscated and imposed a fine of Rs.2,00,000/- on the owner of the vehicle bearing No.AP16-TE-3219 is illegal, arbitraiy and set aside the same and consequently direct the respondants authorities to release the seized stock i.e., 600 bags of rice weight about 30,310 Kgs and to 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 pleased to suspend the orders vide RefNo. I(2)/476/2025, dated 05-07-2025 passed by the 2nd respondent by directing the respondents to release the stock i.e., 600 bags of rice in favour of the Petitioners, by furnishing third Party Security, for value of sezied stock pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 1. ANASURI ESWAR SAI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.NO.27538 OF 2025

ORDER:-

This writ petition is 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 to direction challenging the orders vide Ref.No.I(2)/476/2025, dated 05-07-2025 passed by the 2nd respondent directing the seized stock of 600 plastic bags of Rice is ordered to be confiscated and imposed a fine of Rs.2,00,000/- on the owner of the vehicle bearing No.AP16-TE-3219 is illegal, arbitrary and set aside the same and consequently direct the respondents authorities to release the seized stock i.e., 600 bags of rice weight about 30,310 Kgs....”

2.

The petitioner is doing wholesale rice business at Door No.6/720, Proddutur Road Mydukur Town and Mandal, YSR District under the name and style of “Navadurga Rice Mill”. The petitioner is running the said business with the required permission from the concerned departments i.e., Certificate of Commercial Tax and GST Registration certificate. The petitioner purchases paddy from the farmers, hulls the same in the mill and resultant rice sold needy customers.

3.

While the matter being so, on 04.12.2024, the 4th respondent along with his staff conducted a check on the petitioner’s lorry bearing No.AP 16 TE 3129 at SBVR Degree College, Badvel Mandal, YSR District. The 4th respondent seized W.P.NO.27538 OF 2025 600 bags of rice (30310 Kgs) alleging that the said rice is PDS rice and handed over the same to the 3rd respondent.

4.

The case of the petitioner is that on 04.12.2024, he sold 600 bags of rice to Star Turn Esteem Exim Pvt. Limited, West Bengal to be delivered at Chennai through Invoice No.102, dated 04.12.2024 and way bill No.161994216557 dated 04.12.2024. Subsequently, the petitioner filed a petition before the 2nd respondent on 27.02.2025, requesting for release of seized stock of 600 bags of rice, contending that the seizure was illegal as per the APSTPDS (Control) Order, 2018. However, the 2nd respondent rejected the petitioner’s request by way of an endorsement dated 27.03.2025. 4. The petitioner thereafter filed W.P.No.9273 of 2025 before this Court and the same was disposed of vide orders dated 30.06.2025, directing the respondents to conclude 6-A proceedings within a period of one (01) month from the date of receipt of copy of the order.

5.

In pursuance of the said order, the 2nd respondent passed an order for confiscation of 100% value of the seized stock to the State under 6-A of the Essential Commodities Act, 1955 (for W.P.NO.27538 OF 2025 Short “the Act”) and imposed a fine of Rs.2,00,000/- on the owner of Ashok Leyland Lorry bearing No.AP16 TE 3219. Aggrieved by the said order, the petitioner has filed the present writ petition, on the ground that the 2nd respondent has passed the confiscation order even without conducting any enquiry and without issuing any notice to the petitioner.

7.

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

8.

On perusal of the said impugned proceedings, it is evident that the petitioner has an alternative remedy of preferring an appeal under Section 6-C of the Act before the District and Sessions Judge, Kadapa, within a period of thirty days from the date of the receipt of a copy of the order. Instead of availing such opportunity, the petitioner has approached this Court.

9.

During the course of arguments the learned counsel for the petitioner requested this Court to permit him to file a revision before the District and Sessions Judge, Kadapa as against the impugned orders passed by the 2nd respondent.

10.

In view of the fact that the period of limitation is barred for considering the request made by the learned counsel for the W.P.NO.27538 OF 2025 petitioner, instead of going into the merits of the case, this Court feels it appropriate to grant liberty to the petitioner to file a revision under Section 6-C of the Act before the District and Session Judge, Kadapa, within a period of two (02) weeks from the date of receipt of a copy of this Order. On receipt of the same, the District and Sessions Judge shall consider the revision, without raising any objection on the point of limitation and pass appropriate orders in accordance with law.

11.

Accordingly, the writ petition is disposed of. No costs.

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ JUSTICE V.SUJATHA Date :09.10.2025 LSP W.P.NO.27538 OF 2025

278

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 27538/2025

Date :09.10.2025 LSP

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.