Andhra Pradesh High Court
WP/42391/2022 of MADHAA PRASANNANJANEYULU Vs The State of Andhra Pradesh on 30 December 2022
SRI JUSTICE BATTU DEVANAND W.P.No.42391 of 2022 ORDER: Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record. 2) Having heard the respective counsel and upon perusal of the material available on record,
THE HONOURABLE SRI JUSTICE BATTU DEVANAND W.P.No.42391 of 2022
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ORDER:
Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record.
2) Having heard the respective counsel and upon perusal of the material available on record, it is an admitted fact that subsequent to the seizure of the rice and vehicle, a proceedings under Section 6A are initiated before the 2nd Respondent, who is the competent authority. The illegality and validity of the seizure has to be decided by the 2[nd]Respondent in 6A proceedings.
3) However, considering the facts and circumstances of the case and in the light of the latest order passed by a Division Bench of this Court in Onteru Bhaskar vs. State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department and others[1] in our considered opinion, it is appropriate and reasonable to direct the 2nd Respondent to release the seized vehicle in favour of the petitioner on imposing certain condition, to protect the interest of the Respondents, pending disposal of the 6A proceedings.
4) Accordingly, the writ petition is disposed of with the following directions:
(i) The interim disposal order in Case No.112/2022/CS/BPTL, dated 02.12.2022, issued by the 3[rd] Respondent is hereby set aside.
(ii) The Respondents shall release the 4 wheeler bearing No. AP 07 TF 7769 in favour of the petitioner on condition of furnishing personal or third party immovable security property equivalent to the value of the seized stock in the said vehicle, within a period of two (02) weeks from the date of receipt of a copy of this order.
5) There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
30[th] December, 2022. Note: Issue CC by tomarrow. B/o. Mnr __________________________ JUSTICE BATTU DEVANAND
Mnr
HON’BLE SRI JUSTICE BATTU DEVANAND
W.P.No.42391 of 2022
DT.30-12-2022