HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38489 of 2014 Date:15.12.2014 Between:
Yarra Venkata Ramana, S/o Appa Rao . Petitioner And:
The State of Telangana, reptd by its Principal Secretary, Department of Civil Supplies and three others.
. Respondents Counsel for the Petitioner: Sri K.Jagadishwar Reddy Counsel for the Respondents: GP for Civil Supplies (TS) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2, in not releasing the petitioner's vehicle bearing registration No.TS 04 UA 0284, as illegal and arbitrary.
At the hearing, learned Government Pleader for Civil Supplies (Telangana State) placed before the Court proceedings No.CS1/8344/2014, dated 12.12.2014, of the District collector, Nalgonda, whereby he has directed release of the petitioner's vehicle, subject to the latter furnishing a bank guarantee for a sum of Rs.5 lakhs pending the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act').
Sri K.Jagadishwar Reddy, learned counsel for the petitioner, submitted that the condition to furnish bank guarantee for Rs.5 lakhs imposed by the District Collector, Nalgonda is too disproportionate to the alleged act, viz, transport of 23.20 quintals of rice suspected to be PDS rice. He has further stated that the rice was being carried by the petitioner through his vehicle for his personal consumption and its quantity is only around 13 quintals, if the weight of the vehicle is properly computed and the same is deducted from the total weight.
As these aspects need to be adjudicated in the proceedings under Section 6-A of the Act, I refrain from rendering any finding on this aspect. However, considering the nature of the allegation and the quantity of rice allegedly involved, I deem it appropriate that the amount for which the bank guarantee is directed to be furnished is reduced to Rs.2,50,000/-.
Accordingly, the District Collector, Nalgonda is directed to release the seized vehicle to the petitioner subject to his furnishing bank guarantee for a sum of Rs.2,50,000/-, which shall be subject to the result of the proceedings under Section 6-A of the Act.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.48183 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
15th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY