Between:
Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.32874 of 2014 Date:05.11.2014 Nuni Surya Pradeep, S/o Nuni Narayana Rao And The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and two others.
.. Petitioner .. Respondents Counsel for the petitioner: Smt V.Padmaja Reddy Counsel for the respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2, in not passing order on the petitioner's petition, dated 26.10.2014, for release of the lorry bearing registration No.AP 5T 4189, as illegal and arbitrary.
The petitioner claims to be the owner of the above-mentioned lorry. He pleaded that when the said lorry was engaged by M/s Vijaya Durga Traders for transporting 60 quintals of rice to J.R.Gudem to Sri Veera Bhadra Anjaneya Rice Stores, Allavaram, East Godavari District, the same was intercepted by the vigilance officials on 17.10.2014 and was seized. The petitioner filed a petition before respondent No.2 on 26.10.2014 for release of the seized lorry. The grievance of the petitioner is that no order is being passed by respondent No.2 on his petition for release of the seized lorry.
Considering the facts that the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’) are pending, its disposal will take considerable time and the condition and value of the lorry will be subject to deterioration with the passage of time, I feel it appropriate that the seized lorry is released to the petitioner subject to reasonable terms.
Smt V.Padmaja Reddy, learned counsel for the petitioner, submitted that though the seized vehicle was valued at Rs.3 lakhs in the mediators report as, the same is a mini truck, it does not cost more than Rs.2 lakhs.
In these facts, respondent No.2 is directed to release the seized lorry to the petitioner, subject to his furnishing a bank guarantee for a sum of Rs.2 lakhs and filing an undertaking that he will not sell or create any third party interests in the said lorry till disposal of the proceedings under Section 6-A of the Act. Furnishing of bank guarantee shall be subject to the result of the proceedings under Section 6-A of the Act.
As a sequel, WPMP.No.41107 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.NAGARJUNA REDDY, J)
05th November 2014 dr