THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.41213 of 2014 Dated: 31.12.2014 Between:
Abothu Kumaraswamy .. Petitioner and The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies, Secretariat, Hyderabad and others.
.. Respondents Counsel for the petitioner: Mr.A.Prabhakar Rao Counsel for the respondents : GP for Civil Supplies (AP) The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondent No.2 in not releasing the petitioner’s TATA Ace vehicle bearing No. AP 36 TA 7441, seized on 16.12.2014 by respondent No.3, as illegal and arbitrary.
At the hearing, the learned Government Pleader for Civil Supplies (TS), on instructions, submitted that the petitioner’s application for release of his vehicle is pending with respondent No.2.
In my opinion, respondent No.2 ought to have disposed of the application filed by the petitioner within a reasonable time. As the continued detention of the vehicle results in deterioration of its condition and value, I am of the opinion that it would be in the interests of justice that the seized vehicle is released to the petitioner subject to the reasonable terms. Considering the nature of the vehicle, which is a mini goods vehicle, and the quantity of rice being 20 quintals, I deem it appropriate that the petitioner furnishes a bank guarantee of Rs.75,000/-.
The writ petition is, accordingly, disposed of with a direction to respondent No.2 to release the TATA Ace vehicle bearing No. AP 36 TA 7441 to the petitioner, subject to the latter furnishing a bank guarantee for a sum of Rs.75,000/-.
As a sequel to disposal of the writ petition, W.P.M.P.No.51596 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 31.12.2014 v v