The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.30618 of 2014
Dated 14.10.2014
Between:
Gunda Suresh And The Joint Collector, Civil Supplies, Warangal District and another …Petitioner …Respondents Counsel for the petitioner: Mr.A.Prabhakar Rao Counsel for the respondents: GP for Civil Supplies (TG) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the condition imposed by respondent No.1 for release of the petitioner’s goods vehicle bearing registration No.TS 03 UA 0361.
The petitioner is the owner of the aforesaid goods vehicle of Tata Magic make. The said vehicle was seized on 13-09-2014 along with 15 quintals of rice suspected to be meant for Public Distribution System. Following the said seizure, proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), have been initiated by respondent No.1. By Order, dated 29-09-2014 (not filed along with the Writ Petition, but was placed before the Court, at the time of hearing, by the learned Counsel for the petitioner), respondent No.1 has directed release of the petitioner’s vehicle subject to his furnishing bank guarantee for Rs.3,10,000/-. Feeling aggrieved by the quantum of amount, for which the bank guarantee is directed to be furnished, the petitioner filed this Writ Petition.
Mr.A.Prabhakar Rao, learned Counsel for the petitioner, submitted that the petitioner acted bona fide in running his goods vehicle on hire being unaware of the fact that the hirer will misuse the said vehicle and that the condition imposed by respondent No.1 for furnishing the bank guarantee for Rs.3,10,000/- is too onerous for the petitioner, who has limited means and is solely dependent upon the hire charges received for transportation of goods in his goods vehicle.
After hearing the learned Government Pleader for Civil Supplies representing the respondents, this Court is of the opinion that interests of justice would be served if the petitioner is permitted to furnish bank guarantee for a sum of Rs.50 lakhs and also deposit the original registration certificate of his vehicle with respondent No.1 as a condition for release of the same. On compliance with these conditions, respondent No.1 shall release the seized vehicle to the petitioner, which shall be subject to the result of the proceedings under Section 6-A of the Act, pending before respondent No.2.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, WPMP.No.38275 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 14th October, 2014 LUR