The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.33638 of 2014 Dated 10.11.2014 Between:
M/s.Vijayalakshmi Transport Vizianagaram rep. by its Proprietor G.Sreeramamurthy.
…Petitioner And Govt. of Andhra Pradesh, Rep. by its Prl.Secretary, Civil Supplies Dept., Hyderabad and 3 others …Respondents Counsel for the petitioner: Mr.Venkateswara Rao Gudapati Counsel for the respondents: AGP for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed by the petitioner, which is the owner of lorry bearing No. AP21T 699, feeling aggrieved by the proceeding issued by respondent No.2 vide C.C.No.125/2014 G6, dated 27-09-2014, to the extent of stipulation of condition to furnish bank guarantee of Rs.3 lakhs for release of the said lorry, pending proceedings under Section 6-A of the Essential Commodities Act, 1955.
Mr.Gudapati Venkateswara Rao, learned Counsel for the petitioner, submitted that the seized lorry is of the year 1989; that it has run out of its life of 14 years; and that it is not even worth Rs.1 lakh. The learned Counsel further submitted that respondent No.2 may obtain valuation certificate from the Motor Vehicle Inspector, Vizianagaram, and that on the basis of such valuation, his client will furnish bank guarantee.
After hearing the learned Assistant Government Pleader for Civil Supplies, I find the request of the learned Counsel for the petitioner reasonable. Considering the fact that the seized lorry is of the year 1989, respondent No.2 is directed to obtain valuation certificate from the Motor Vehicle Inspector, Vizianagaram, and release the seized lorry to the petitioner subject to its furnishing bank guarantee for the value of the said lorry, as assessed by the Motor Vehicle Inspector, within three days from the date of receipt of this order.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel, WPMP.No.42074 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 10th November, 2014
LUR