HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.40267 of 2014 Date : 30-12-2014 Between :
Mr. Ponna Venkat Reddy ..
Petitioner And The State of Telangana, Represented by its Commissioner of Civil Supplies Department and Ex-officio Secretary, Hyderabad and others ..
Respondents Counsel for petitioner : Mr. Bollam Lingaiah Yadav Counsel for respondents : Government Pleader for Civil Supplies (TS) The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to declare the inaction of the respondents in releasing lorry bearing No.AP-29-TA-8430 of Ashok Leyland make, pertaining to 2010 model, as illegal and arbitrary.
The petitioner is the owner of the above mentioned lorry which was seized along with 75 Quintals of rice suspected to be meant for Public Distribution System (PDS). The petitioner moved an application before respondent No.2 for release of the lorry. By order dated 15-12-2014, respondent No.2 has declined to order release of the lorry.
At the hearing, the learned Government Pleader for Civil Supplies (TS), on instructions, submitted that the petitioner’s lorry was involved in illegal transportation of PDS rice on an earlier occasion for which a sum of Rs.1 lakh was levied as penalty in lieu of confiscation; that in the appeal filed under Section 6-C of the Essential Commodities Act, 1955 (for short "the Act") the penalty amount has been reduced to Rs.25,000/- and that the said amount has not been paid by the petitioner. Mr. Bollam Lingaiah Yadva, learned counsel for the petitioner, submitted that his client will pay the sum of Rs.25,000/- if the same has not already been paid.
Since the proceedings under Section 6-A of the Act is likely to consume time, the continued detention of the lorry will inevitably cause deterioration in its condition and also value. A perusal of the panchanama shows that the value of the lorry has been shown as Rs.5,00,000/-. In my opinion, the lorry is thoroughly undervalued as its value will not be less than Rs.7 to Rs.8 lakhs considering the year of its make i.e., 2010. Keeping this aspect in view, I feel it appropriate to direct release of the lorry to the petitioner subject to his furnishing bank guarantee for a sum of Rs.7 lakhs pending conclusion of the proceedings under Section 6-A of the Act.
For the above mentioned reasons, the impugned Memo is set-aside. Respondent No.2 is directed to release the seized lorry to the petitioner subject to his furnishing bank guarantee for a sum of Rs.7,00,000/- (Rupees seven lakhs) pending conclusion of the proceedings under Section 6-A of the Act.
The Writ Petition is accordingly disposed of.
As a sequel to the disposal of the Writ Petition, WPMP No.50506 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 30-12-2014 AM