IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 24862 of 2009 Between: Pragallapati Satyanarayana Murthy. .. PETITIONER AND The Joint Collector, West Godavari District, Eluru and another. .....RESPONDENTS ORDER: The petitioner is the owner of a lorry bearing No.AP-37-Y- 6606 and is eaking out his livelihood by hiring the said vehicle. On 30.10.2009, the said vehicle was hired by the Proprietor of M/s Sri Siridi Sai Traders, i.e., Konduri Venkata Satya Sai Naga Padmanabham, for the purpose of transport of rice from Tallapudi village to ASRAM Medial College Hospital, Eluru. During the course of transit, the said vehicle was intercepted by the second respondent-District Supply Officer and on the ground that the said transport is without having any valid permits, which is contrary to the provisions of the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008, he seized the said paddy along with the vehicle and reported the matter to the first respondent-Joint Colletor, Eluru, for initiation of proceedings under Section 6-A of the Essential Commodities Act, 1955. The petitioner approached this Court and filed the present writ petition questioning the said seizure ofpp his vehicle. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. It cannot be said that the petitioner’s vehicle, which was seized is not liable for confiscation. In the event of the first respondent-Joint Collector holding that the said transport of paddy is contrary to the provisions of the Andhra Pradesh Public Distribution System (Control) Order, 2001, the commodities as well as the vehicle are liable for confiscation. But, however, as it is the contention of the learned counsel for the petitioner that the petitioner is eaking out his livelihood by hiring the said vehicle and as he agreed to offer third party security for release of the same, the first respondent-Joint Collector, West Godavari District, Eluru, is hereby directed to release the said vehicle on condition of the petitioner furnishing third party security for a sum of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) and also an undertaking that he will produce the said vehicle as and when required. The petitioner is further directed not to alienate the said vehicle during the pendency of the proceedings before the first respondent. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J Date:17.11.2009 Note: Issue CC tomorrow. (Bo) SJ