Shaik Ajeejulla vs The State Of Andhra Pradesh
2022 Latest Caselaw 4387 AP

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      THE HON'BLE SRI JUSTICE BATTU DEVANAND

              WRIT PETITION NO.17543 of 2022

O R D E R:

This writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:

"to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.4 is Assistant Sub-Inspector of Police seized the Rice 25 bags (each bag containing 50 kgs) and Vehicle Goods Carriage - LMV bearing No.AP 02 TB 1775 through seizure panchayathnama dated 05.09.2017 at R&B Road, out skirts of Karimaddela village, Gadivemula Mandal, Kurnool District by the respondent No.4 herein is Assistant Sub-Inspector of Police is not competent authority to search and seizure under law and also registered case against the Petitioner under section 7 of E.C. Act, in Crime No.100/2017 of Gadivemula Police Station and filed final report is wholly illegal, arbitrary, without any authority of law or jurisdiction and contrary to the provisions of Essential Commodities Act, 1955 and control orders made there under included the AP Targeted public Distribution system control order 2018 and contrary to the judgment reported in 2013 (4) ALD 241 and consequentially direct the respondents to set aside the above said all further proceedings in Cr.No.100/2017 of Gadivemula police station, Kurnool District and pass such other order."

2) At the stage of admission, learned counsel for the

petitioner Sri Ineni Venkata Prasad and the learned

Government Pleader for Civil Supplies fairly conceded that the

issue involved in this petition is squarely covered by the order

passed by this Court in W.P.No.16240 of 2019, dated

29.10.2019.

3) Since the dispute is covered by the order passed by

this Court in W.P.No.16240 of 2019, dated 29.10.2019, this

Writ Petition is allowed, in terms of the said order. No costs.

4) Registry is directed to attach a copy of the order in

W.P.No.16240 of 2019, dated 29.10.2019 to this order.

As a sequel, miscellaneous applications, pending if any,

shall stand closed.

______________________ JUSTICE BATTU DEVANAND Dt. 21.07.2022.

Note: Issue CC tomorrow.

B/o PGR

THE HON'BLE SRI JUSTICE BATTU DEVANAND

W.P.NO.17543 of 2022

Dt.21.07.2022.

PGR