Telangana High Court

WP/24685/2004 of N. Sudhakar, Vs The Joint Collector (Civil Supplies Wing), on 29 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No: 24685 of 2004 Between: 1 N. Sudhakar, S/o. Sri N. Laxmana Rao, R/o. D.No.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

WRIT PETITION No: 24685 of 2004

Between:

1 N. Sudhakar, S/o. Sri N. Laxmana Rao, R/o. D.No. 11/179/1, Prahladapuram, Visakhpatnam - 27. R/o. D.No. 11/179/1, Prahladapuram, Visakhpatnam - 27.

2 M/s. Jai Parvathi & Co., D.No. 11/179/1, Prahladapuram, Visakhapatnam - 27, Rep byits Proprietor N. Sudhakar.Visakhapatnam - 27, Rep byits Proprietor N. Sudhakar.

.....PETITIONERS

AND

1 The Joint Collector (Civil Supplies Wing), East Godavari, at Kakinada.

2 The Sub-Inspector of Police, Town P.S. Tuni, East Godavari District.District.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue an appropriate writ, order or direction more particularly one in the nature of writof mandamus declaring the seizure of the Tanker belonging to the 1st petitionerbearing Regd. No. AP-05Y-7748 and the stock of UORB clearing chemical of 12 KLbelonging of the 2nd petitioner in connection with a case under section 6-A of theEssential Commodities Act, 1955 on 08-12-04 by the 2nd respondent as illegal,arbitrary and without jurisdiction and consequently direct the respondents to releasethe tanker in favour of the 1st petitioner and the seized stock in the tanker in favour ofthe 2nd petitioner forthwith.

Counsel for the Petitioner: MR.N.SIVA REDDY

Counsel for the Respondents: GP FOR CIVIL SUPPLIES

The Court at the admission stage made the following:

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ORDER:

The 1[st] petitioner is the proprietor of a firm and the 2[nd] petitioner is the owner of atanker bearing registration No.AP-05Y-7748. The tanker is said to have beenengaged in transporting a product known as ‘UORB Grade-IV cleaning hemical’ bythe 2[nd ]petitioner. It was seized by the 2[nd] respondent on 08.12.2004 suspecting thatthe product is kerosene, meant for public distribution. He produced the same beforethe 1[st] respondent and proceedings under Section 6-A of the EssentialCommodities Act were initiated. The petitioners made an application before the 1[st]respondent for release of the tanker. It is stated that on account of the recent calamityin the coastal area, the 1[st] respondent has not passed any order so far, and thepetitioners are put to great hardship on account of detention of the vehicle.

Heard learned counsel for the petitioners and learned Government Pleader for CivilSupplies.

The question, as to whether the product that was transported by the petitioners iskerosene meant for public distribution, needs to be considered at the time ofdisposal of the proceedings, pending before the 1[st] respondent. However, continueddetention of the vehicle does not subserve the purpose of the respondent and on theother hand, it would result in undue hardship and loss to the petitioners. The interestof the respondents can be protected by requiring the petitioners to furnish bankguarantee for the value of the product seized and by requiring them to furnish anundertaking not to alienate the vehicle, till the disposal of the proceedings.

Hence, the writ petition is disposed of, directing that the respondents shall releasethe vehicle in favour of the petitioners, on their furnishing bank guarantee for a sumof Rs.80,000/- (Rupees eighty thousand only) and on furnishing an undertaking notto alienate the vehicle and to produce it as and when required. There shall be noorder as to costs.

____________

Jsu

To

1 The Joint Collector (Civil Supplies Wing), East Godavari, at Kakinada.Kakinada.

2 The Sub-Inspector of Police, Town P.S. Tuni, East Godavari District.District.

3. 2CCs to the G.P. for Civil Supplies, High Court Buildings, Hyderabad (OUT).

4 2CD copies

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