THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.29969 of 2014 Between:
Dated 08th October, 2014 Patan Masthan Khan Ahmed And …Petitioner The Government of Telangana, rep.by its Principal Secretary, Consumer Affairs, Food and civil Supplies Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri V.H.V.R.R.Swamy 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 seizure of TATA ACE Auto bearing registration No.AP 16 TX 7629 under panchanama, dated 09.08.2014, as illegal and arbitrary.
At the hearing, the learned Government Pleader for Civil Supplies (TG), on instructions, submitted that the petitioner’s application made for release of the seized vehicle on 27.09.2014 is pending before respondent No.2.
As the vehicle is subject to deterioration in its condition and value, respondent No.2 ought to have disposed of the petitioner’s application expeditiously. As more than ten days had elapsed from the date of filing of the application, I deem it appropriate to direct respondent No.2 to release the seized vehicle subject to the petitioner furnishing bank guarantee for a sum of Rs.15,000/-
(Rupees fifteen thousand only) to the credit of the proceedings pending before respondent No.2. On furnishing such bank guarantee, respondent No.2 shall release the vehicle subject to the outcome of the pending proceedings under Section 6-A of the Essential Commodities Act, 1955.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.37438 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 08th October, 2014
VGB