Gopavarapu Srinivasa Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 1233 AP

Citation : 2022 Latest Caselaw 1233 AP
Judgement Date : 9 March, 2022

Andhra Pradesh High Court - Amravati

Gopavarapu Srinivasa Rao vs The State Of Andhra Pradesh on 9 March, 2022

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

             MAIN CASE No: W.P.No.5891 of 2022

                       PROCEEDING SHEET

SL.     DATE                             ORDER                               OFFICE
NO.                                                                           NOTE
01.   09.03.2022 KVL, J


                        Heard         Ms.        Nirupama,      learned
                 counsel,       representing          Smt.      Kavitha
                 Gottipati,      learned          counsel      for     the
                 petitioner.
                        The Writ Petition is filed challenging
                 the seizure of 310.00 Quintals of Raw Rice
                 from         lorry         bearing         registration
                 No.AP27TZ1539 under the cover of police
                 proceedings dated 20.01.2022 as arbitrary
                 and illegal.
                        The main contention of the learned
                 counsel for the petitioner is that according
                 to Clause 20(a) of the Andhra Pradesh
                 Targeted       Public       Distribution           System
                 (Control Order), 2018, the power to seize
                 the stock is given only to the officers not
                 below the rank of Sub-Inspector. Whereas,
                 in the present case, a Constable has seized
                 the subject stock.
                        Learned counsel also relied upon the
                 Judgment of this Court in Vigneswara
                 Traders Vs., The Circle Inspector of Police &
                 others [2013(4) ALD 241] in support of her
                 contention.
                        In      view        of     the      facts     and
                 circumstances of the case, the respondents

are directed to release the subject stock to the petitioner, which was seized on SL. DATE ORDER OFFICE NO. NOTE 20.01.2022. However, this order is subject to the further order that would be passed in the enquiry initiated under Section 6A of the Essential Commodities Act and the petitioner is at liberty to raise all the contentions before the Joint Collector.

List the matter after eight (08) weeks.

________ KVL, J Ks