HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.25301 of 2014 Date: 01-09-2014 Between:
K. Naveen .. Petitioner AND The Government of Telangana, represented by its its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Hyderabad and another .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.25301 of 2014 ORDER:
The writ petition is filed for a mandamus declaring the action of the respondents in seizing Auto bearing No.AP-20Y-6845 along with 7 quintals of rice under the cover of Panchanama dated 23-07-2014 as illegal and arbitrary and for a consequential direction to the 2nd respondent to release the vehicle in favour of the petitioner.
2. The case of the petitioner is that he is owner of Auto bearing No.AP-20-Y-6845 and on 23-07-2014 the respondent officials inspected the vehicle and seized the same along with rice on the ground that the rice seized from the vehicle pertains to Public Distribution System under the cover of Panchanama dated 23-07-2014. Thereafter, the petitioner made an application on 01- 08-2014 seeking to release his vehicle, but no orders are passed by the respondents. Aggrieved by the same, present writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies.
4. In the instant case, since the petitioner filed an application on 01-08-2014 for release of the vehicle and an enquiry under Section 6 A of the Essential Commodities Act, 1955 (for short ‘the Act’) is pending, no useful purpose would be served, if the vehicle is kept idle with the respondents and it may get damaged when exposed to sun and rain.
5. In view of the same, the 2nd respondent is directed to release Auto bearing No.AP-20-Y-6845 to the petitioner on condition of the petitioner producing ownership particulars of the vehicle and on furnishing bank guarantee equivalent to the value of the stocks seized from the vehicle and also on giving an undertaking to the effect that he will not alienate the vehicle to any third parties, pending enquiry under Section 6 A of the Act.
With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 01-09-2014 Ksn