The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.30586 of 2014
Dated 14.10.2014
Between:
K.Anasuya And The Govt. of Telangana Rep. by its Prl. Secrtary, Food and Consumer Affairs, Secretariat Buildings, Hyderabad and 3 others.
…Petitioner …Respondents Counsel for the petitioner: Ms.K.Hemalatha Counsel for the respondents: AGP for Civil Supplies (TG) 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 auto bearing registration No.AP 20 W 2929, which was seized along with 170 liters of Kerosene oil, as illegal and arbitrary.
At the hearing, the learned Government Pleader for Civil Supplies representing the respondents, on instructions, submitted that the application filed by the petitioner, on 22-09-2014, for release of the seized auto is pending with respondent No.2.
In my opinion, respondent No.2 ought to have disposed of the aforesaid application within a reasonable time. As the continued detention of the petitioner’s auto will cause deterioration in its condition and value, I deem it appropriate to direct respondent No.2 to release the same subject to certain reasonable terms.
Considering the fact that the model of the petitioner’s auto was of the year 2005 and the quantity of seized kerosene oil is 170 liters, the petitioner is directed to furnish bank guarantee for a sum of Rs.30,000/- to the credit of the proceedings under Section 6-A of the Act pending before respondent No.2 as a condition for release of the seized auto. On furnishing such bank guarantee by the petitioner and on her undertaking that she will not transfer the auto to third parties, pending the proceedings under Section 6-A of the Act, respondent No.2 is directed to release the same, which shall be subject to the result of the proceedings pending before respondent No.2 Writ Petition is disposed of accordingly.
As a sequel, WPMP.No.38239 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 14th October, 2014 LUR