THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40105 of 2014 Between:
Naresh Kumar Bung and
DATE: 27.12.2014
…Petitioner The State of Telangana and others …Respondents COUNSEL FOR THE PETITIONER : SRI K.VENUMADHAV COUNSEL FOR THE RESPONDENTS : AGP FOR CIVIL SUPPLIES (TS) THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40105 of 2014
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent No.2 not releasing Tata 207 Mini Van TS 01 UB 1207 (for short ‘the vehicle’) seized on 11.12.2014 as illegal and arbitrary.
A perusal of the record shows that on 11.12.2014, the vehicle along with 29.70 quintals of rice suspected to be meant for Public Distribution System was seized by the Vigilance and Enforcement Officer of Karimnagar and other officials under panchanama, dated 11.12.2014.
The petitioner has made an application before respondent No.2 for release of the vehicle. As no order has been passed thereon, the petitioner filed this Writ Petition.
Considering the fact that the petitioner’s vehicle was seized on 11.12.2014, this Court is of the opinion that continued detention of the vehicle will cause deterioration in its condition and value. Therefore, it would be in the interests of justice, if respondent No.2 is directed to release the vehicle on reasonable condition. Considering the value of the vehicle and the seized goods, I find it appropriate if the petitioner furnishes bank guarantee for a sum of Rs.2,00,000/- as a condition for release of the vehicle.
Accordingly, respondent No.2 is directed to release the vehicle to the petitioner on his furnishing bank guarantee for a sum of Rs.2,00,000/- (Rupees Two Lakhs only). Furnishing such bank guarantee shall be subject to the result of the proceedings under Section 6-A of the Essential Commodities Act, 1955.
Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of main petition, WPMP.No.50296 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 27th DECEMBER, 2014.
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