IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 19154 of 2008 Between: T. Chalamaiah S/o. Venkata Subbaiah R/o. 7-8-125 (Old), 7-8-53 (new), T.B. Road, Allagadda, Kurnool. ..... PETITIONER AND 1 The Joint Collector, Kurnool, Kurnool District. 2 The Tahsildar, Rudravaram Mandal, Kurnool District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in not releasing the lorry bearing No. AP 21U 5899 belonging to the petitioner seized by the 2nd respondent on 12.08.2008 as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents to release the lorry bearing No. AP 21U 5899 of the petitioner. Counsel for the Petitioner : MR. K.V.RAGHU VEER Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.19154 OF 2008 ORDER : The petitioner herein claims to be the owner of lorry bearing No.AP-21-U-5899 which was seized along with stock vide Panchanama dated 12.8.2008 by the 2nd respondent herein. Basing on the seizure report, the proceedings have been initiated for conﬁscation under Section 6-A of the Essential Commodities Act, 1955 (for short, ‘E.C. Act, 1955’). It is stated that the petitioner made an application before the 1st respondent before whom conﬁscation proceedings are pending seeking release of the vehicle since he is depending completely on the income derived from the lorry for his livelihood. Aggrieved by the alleged inaction on the part of the 1st respondent to consider his request for release of the vehicle in question, the present writ petition is filed. Having heard the learned counsel for the petitioner as well as the learned Government Pleader for Civil Supplies appearing for the respondents and having regard to the fact that the enquiry under Section 6-A of the E.C. Act, 1955 is pending, without expressing any opinion on merits, the writ petition is disposed of directing the 1st respondent to release the vehicle in question to the petitioner herein subject to the condition that he furnishes Bank Guarantee to the market price of the said vehicle. Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J. Dt. 4.9.2008 gbs Note:- CC in 2 days. (B/O) gbs