THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40138 of 2014
DATE: 24.12.2014
Between:
A.Penchal Reddy and others and State of Andhra Pradesh and others …Petitioners …Respondents COUNSEL FOR THE PETITIONERS : SRI V.SUDHAKAR REDDY COUNSEL FOR RESPONDENTS 1 & 2 : AGP FOR CIVIL SUPPLIES COUNSEL FOR RESPONDENTS 3 & 4 : AGP FOR HOME THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40138 of 2014
ORDER:
Petitioners Nos.1 to 7 are the owners of lorries bearing No.AP26 TC-7279, AP26 Y-1179, AP26 TA-4059, AP26 TB-8989; AP26 Y- 3949; AP26 TT 1359; AP26 TT-7279; AP29 TB-2286; AP27 TT-3949 & AP27 TT-4959 and AP26 TT-1179 respectively. They have lent their lorries on hire to different rice traders and millers of Nellore City and surroundings for transportation of raw rice, boiled rice and broken rice to the places, such as, Sri Kalahasthi, Tirupati and Chittoor Towns. On 07.09.2014, when the lorries were proceeding towards their destinations along with the goods, they were intercepted on the National Highway by the police of Venkatachalam and Manubolu and seized. The petitioners alleged that the panchanamas were prepared by the Civil Supplies and Revenue officials at Venkatachalam Police Station and CR Reddy Kalyana Mandapam at Gudur on 08.09.2014. On 13.09.2014, the District Collector, SPSR Nellore has passed order directing the Tahsildars, Manubolu and Venkatachalam to sell the seized stock through open auction and release the lorries to the owners on their furnishing bank FDR for Rs.10,00,000/- each. On 15.09.2014, the rice-millers and traders filed a petition before the Joint Collector, SPSR Nellore for release of the seized stock by modifying order, dated 13.09.2014. On 01.10.2014, the Joint Collector, SPSR Nellore Dt., passed orders directing release of the seized stock on furnishing bank FDR for 25% value of the seized stock. The petitioners filed petitions on 18.09.2014 for modification of order, dated 13.09.2014 for release of the lorries. As no orders were communicated to the petitioners, they have filed representation on 01.12.2014 reminding respondent No.2 to pass appropriate order or communicate the order, if any passed. As no communication was received by the petitioners, they have filed the present Writ Petition for a mandamus to declare order in proceedings No.Rc/B/528/2014, dated 13.09.2014 of respondent No.2 directing the petitioners to furnish bank FDR of Rs.10,00,000/- each for release of their lorries and not modifying those orders, as illegal and arbitrary.
Today, at the hearing, the learned Assistant Government Pleader placed before this Court a copy of proceedings, dated 23.12.2014 whereby, respondent No.2 has declined the request of the petitioners for modification of order, dated 13.09.2014.
I have heard the learned counsel for the parties and carefully perused the record.
It is not in dispute that the petitioners have lent their lorries on hire for transportation of raw rice and boiled rice belonging to the rice traders and millers. At the instance of the owners of the seized stock, the earlier order passed by respondent No.2 to sell the seized stock through open auction was modified by the Joint Collector, SPSR Nellore Dt., by directing release of the seized stock to the respective owners subject to their furnishing bank FDR for 25% of the value thereof. In my opinion, the petitioners being the owners of the lorries cannot be placed at a more disadvantageous position than that of the owners of the seized stock as ordinarily, being the owners of the lorries, they cannot be attributed with any mala fide intention of collaborating in the alleged commission of irregularities by the owners of the seized stock. Respondent No.2 has failed to make proper application of mind to the petitions filed by the petitioners for modification. The petitioners, in my view, are entitled to the same treatment as that was shown to the owners of the seized stock.
In the light of the above facts, the order of respondent No.2 is modified by reducing the amount to 25% of the value of the seized stock, for which, the petitioners shall furnish bank FDRs.
The Writ Petition is accordingly allowed to the extent indicated above.
C.V.NAGARJUNA REDDY, J 27th DECEMBER, 2014.
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