BharatTaxGST

Borusu Ganapathi Rao vs. The State Of Andhra Pradesh

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WP/1987/2021HC Andhra PradeshGSTCNR APHC01002853202118 September 2024Bench: K MANMADHA RAO6 pages
For Petitioner: SRI M SOLOMON RAJUFor Respondent: GP FOR CIVIL SUPPLIES

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4385 OF 2025 Between; 1 Kota Narasimha Rao, S/o Radha Krishna Murthy Aged 38 years, Occ Proprietor, M/s. Sri Lakshmi Rice Working Company, R/o HNO 11-191, Pedavadlapudi Village, Guntur District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its PrI. Secretary to Government Civil Supplies Department, Secretariat, Velagapudi, Guntur. 2. Joint Collector and Addl. District Magistrate, Guntur. 3. Dy. Tahsildar, Civil Supplies, Mangalagiri, Guntur ...Respondents 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 nd of WRIT OF MANDAMUS declaring the inaction of the 2 nature respondent to release the stock of 702 quintals of Rice seized by the Dy. Tahsilidar, Civil supplies, Mangalagiri from the petitioner's Rice Mill on illegal, irregular irrational and 04.02.2025 despite having the Bills arbitrary besides violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently direct the 2nd as respondent to release the 702 quintals of Rice to the petitioner upon furnishing third party surety. lA 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""' respondent to release the 702 quintals of Rice to the petitioner upon furnishing third party surety pending disposal of the abdve writ petition. Counsel for the Petitioner: SRI M SOLOMON RAJU Counsel for the Respondents: GP FOR CIVIL SUPPLIES

The Court made the following order:

APHC010080482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3311] MONDAY THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4385/2025 Between: ...PETITIONER Kota Narasimha Rao AND ...RESPONDENT(S) State of Andhra Pradesh and others Counsel for the Petitioner: 1.M SOLOMON RAJU 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 the Constitution of India to issue a writ of mandamus declaring the inaction of the 2 respondent to release the stock of 702 quintals of rice seized by the Dy. Tahsilidar, Civil supplies, Mangalagiri from the petitioner's rice mill on 04.02.2025 despite having the bills, as illegal, irregular irrational and arbitrary besides violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently direct the 2"^ respondent to release the 702 quintals of rice to the petitioner upon furnishing third party surety. nd

2.

The case of the petitioner is briefly as follows: The petitioner is the proprietor of M/s Sri Lakshmi Company, Pedavadlapudi, Mangalagirirunning the past 5 years and also he is having GST registration certificate no adverse remarks from any end. On 04.02.2025 the Dy.Tahsildar, Civil Supplies, Mangalagiri allegedly conducted an inspection in the rice mill and found milled rice of 702 quintals, register and books, the Dy.Tahsildar came to a conclusion that the rice is PDS rice and therefore they seized the 3. The mam grievance of the petitioner is that though there i representation dated 10.02.2025 filed before the 2"'^ release the seized stock, no order has been passed. Rice working said rice mill for the and there are Without inspecting the same. IS a respondent to 4. The learned Assistant Government Pleader for placed on record the written instructions of the Civil Supplies Joint Collector, Guntur dated 15.02.2025. He submitted that the rice miller had not submitted the records and bills/invoices which were being maintained in the rice mill before the inspecting officers at the time of inspection and also failed to produce the same before the Joint Collector, Guntur along with his representation filed on 10.02.2025. Hence, action will be initiated on the request of the rice miller for release of seized written explanation for the charges levelled against him in the notice under Section 6 B of the Essential Commodities Act stocks after receipt of 1955 issued on Hence, he requested to 13.02.2025 duly giving personal opportunity, dismiss the petition at admission stage.

5.

In view of the pendency of the request for release of the the writ petition is disposed of directing the 2 on the representation of the petitioner within one (1) week from the date of receipt of copy of this order. stock, nd respondent to pass order There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. N. NAGAMMA ASSISTANT REGI RAR //// SECTION OFFICER To ^ Government Civil Supplies Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur.

2.

The Joint Collector and Addl. District Magistrate, Guntur.

3.

The Dy. Tahsildar, Civil Supplies, Mangalagiri, Guntur

4.

One CC to Sri M Solomon Raju, Advocate [OPUC]

5.

Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT]

6.

Two CD Copies RAM

high court DATED:24/02/2025 % 0 5 MAR 2025 Current Secuun oV ORDER WP.No.4385 of 2025 DISPOSING OF THE WP WITHOUT COSTS

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.