Telangana High Court
WP/41213/2014 of Abothu Kumaraswamy Vs The State of Telangana, on 31 December 2014
SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.41213 of 2014 Dated: 31.12.2014 Between: Abothu Kumaraswamy .. Petitioner and The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies, Secretariat, Hyderabad and others. .. Respondents Counsel for the petitioner:
THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION No.41213 of 2014
Dated: 31.12.2014
Between:
Abothu Kumaraswamy and
.. Petitioner andThe State of Andhra Pradesh, rep. by itsPrincipal Secretary, Civil Supplies,Secretariat, Hyderabadand others. .. Respondents Counsel for the petitioner: Mr.A.Prabhakar Rao Counsel for the respondents : GP for Civil Supplies (AP)
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ORDER:
This writ petition is filed for a Mandamus to declare the action ofrespondent No.2 in not releasing the petitioner’s TATA Ace vehiclebearing No. AP 36 TA 7441, seized on 16.12.2014 by respondentNo.3, as illegal and arbitrary.
At the hearing, the learned Government Pleader for CivilSupplies (TS), on instructions, submitted that the petitioner’sapplication for release of his vehicle is pending with respondent No.2.
In my opinion, respondent No.2 ought to have disposed of theapplication filed by the petitioner within a reasonable time. As thecontinued detention of the vehicle results in deterioration of itscondition and value, I am of the opinion that it would be in the interestsof justice that the seized vehicle is released to the petitioner subject tothe reasonable terms. Considering the nature of the vehicle, which is amini goods vehicle, and the quantity of rice being 20 quintals, I deem itappropriate that the petitioner furnishes a bank guarantee ofRs.75,000/-.
The writ petition is, accordingly, disposed of with a direction torespondent No.2 to release the TATA Ace vehicle bearing No. AP 36TA 7441 to the petitioner, subject to the latter furnishing a bankguarantee for a sum of Rs.75,000/-.
As a sequel to disposal of the writ petition, W.P.M.P.No.51596of 2014, filed by the petitioner for interim relief, is disposed of asinfructuous.
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31.12.2014v v
C.V. NAGARJUNA REDDY, J