WP/27203/2007 of Mastan Thotti S/o Maqbul Alam, Vs The Government of Andhra Pradesh rep by its on 24 December 2007

ORDER:

In this Writ Petition, the petitioner seeks Writ of Mandamus todeclare the action of the respondents in seizing the lorry bearingRegistration No.AP.28T.6678 belonging to him, as illegal andarbitrary.

The above said vehicle of the petitioner was intercepted andseized by the respondents on 4-12-2007 on the ground that the saidvehicle undertook transportation of 33 quintals of rice in violation of theAndhra Pradesh State Public Distribution System Control Order, 2001.Pursuant to the seizure, 33 quintals of rice was handed over to one SriP.C.V. Subbaiah, a Fair Price Shop dealer of Deva Nagar, Nandyal and seized lorry was handed over to the custody of the Sub-Inspectorof Police, III town Police Station, Nandyal.

This Writ Petition is filed questioning the seizure of lorry on theground that the second respondent-Circle Inspector of Police, has noauthority or jurisdiction and he is not delegated with any powers underthe Essential Commodities Act, 1955 or Control Order framedthereunder to seize the lorry.

When the matter is taken up on 20-12-2007, the same wasadjourned, to enable the learned Government Pleader to getinstructions. On instructions, it is submitted by the learned GovernmentPleader that on the information furnished by the second respondent-Police, seizure was effected by the Tahsildar, Nandyal, DeputyTahsildar (Civil Supplies), Nandyal, along with staff of VRO, Nandyal.

Merely because, seizure was effected based on the informationof the second respondent-Police, it cannot be said that prima facie, theseizure is illegal so as to quash the same in this Writ Petition. But,however, it is to be noted that though the vehicle and commoditytherein were seized alleging violation of the Andhra Pradesh StatePublic Distribution System Control Order, 2001 and provisions of theEssential Commodities Act, 1955, but, however, the vehicle is notproduced before the competent authority under Section 6-A of theEssential Commodities Act, 1955. As much as, though seizure waseffected on 4-12-2007, the same is not reported to the competentMagistrate and, no proceedings have been initiated so far under theprovisions of the Essential Commodities Act, 1955 by issuing anyshow cause notice to the petitioner, I dispose of the Writ Petitiondirecting the respondents to release the vehicle in question in favour ofthe petitioner on his furnishing bank guarantee to the value of the commodity seized from the said vehicle and further giving anundertaking that he will not alienate, transfer, encumber or create anythird party interest over the vehicle in question till the final orders arepassed in the proceedings under Section 6-A of the EssentialCommodities Act, 1955. It is made clear that the amount depositedand undertaking given by the petitioner are subject to the final ordersto be passed by the respondents in Section 6-A Proceedings.

Subject to the above direction, the Writ Petition is disposed of atthe admission stage. No order as to costs.

DATE: 24-12-2007Note: CC in three days(BO) Msnr.

----------------------------------JUSTICE R. SUBHASH REDDY