Andhra Pradesh High Court

WP/4933/2026 of M.Chinna Sunkanna Vs The State of Andhra Pradesh, on 1 April 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4933/2026 Between: 1. M.CHINNA SUNKANNA, S/O CHINNA GANGANNA AGED ABOUT 51 YEARS,

APHC010086262026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY,THE SECOND DAY OF APRIL

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 4933/2026

Between:

1. M.CHINNA SUNKANNA, S/O CHINNA GANGANNA AGED

ABOUT 51 YEARS, OCC AGRICULTURE R/O H.NO 3/19, D.RANGAPURAM VILLAGE PEAPALLY MANDAL NANDYAL

DISTRICT

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER

AFFAIRS

DEPARTMENT,

SECRETARIAT,

VELAGAPUDI,

AMARAVATI-522237.

2. THE JOINT COLLECTOR CS, ANANTHAPUR DISTRICT- 5155001

3. THE STATION HOUSE OFFICER, YADIKI POLICE STATION, ANANTHAPUR DISTRICT-515408.

...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 2nd respondent in issuing orders to the 3rd respondent to release the petitioner's rice bags i.e., 270 bags each

containing 50 Kgs., seized in FIR No. 187/2025 inspite his readiness to furnish third party surety through his representation dt.9-1- 2026, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondents to release the stocks to the petitioner herein IA NO: 1 OF 2026

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 direct the 2nd respondent herein to issue orders directing the 3rd respondent to forthwith release the petitioner's rice bags i.e., 270 bags each containing 50 Kgs., seized in FIR No. 187/2025

by considering the representation dt. 9-1-2026, pending disposal of the main Writ Petition, Counsel for the Petitioner:

1. K JOSEPH

Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR CIVIL SUPPLIES

The Court made the following:

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ORDER:

To declare the action of the 2nd respondent in issuing orders to the 3rd respondent to release the petitioner’s rice bags i.e., 270 bags each containing 50kgs., seized in FIR No.187 of 2025, in spite his readiness to furnish third-party surety through his representation dated 09.01.2026, as illegal and arbitrary, the present writ petition is filed.

2. Heard Sri K.Joseph, learned counsel for the petitioner and Sri Vineeth Appasani, learned Assistant Government Pleader for Civil Supplies for the respondents.

3. Learned counsel for the petitioner submitted that a direction may be given to the authorities to accept third-party security. He further submitted that in similar set of facts, this Court, in W.P.No.9735 of 2023, considered the very same issue and granted relief, and accordingly prayed to pass orders in this writ petition in similar lines.

4. Learned Assistant Government Pleader for Civil Supplies submitted that the said judgment is squarely applicable to the facts of the case and accordingly prayed to dispose of the writ petition.

5. Taking their submissions into consideration, as a Co-Ordinate Bench of this Court has already dealt with the same issue and thereby passed orders, this Court is inclined to consider the same and dispose of the writ petition in the same lines.

“i. The respondents shall release the seized stock in favour of the petitioner on condition of furnishing third party immovable property security equivalent to the value of the seized stock, within two (02) weeks from the date of receipt of a copy of this order.”

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________

JUSTICE RAVI CHEEMALAPATI

Date: 02nd April, 2026

JLV

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 4933/2026

Date: 02nd April, 2026

JLV

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