IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 22948 of 2009 Between: A. Krishna Reddy and another. .. PETITIONERS AND The Joint Collector, Nellore, SPSR Nellore District and another. .....RESPONDENTS ORDER: The first petitioner is an agriculturist. When he was transporting the paddy from his agricultural fields on 14.10.2009 in a lorry bearing No.AP 07 T 5939, belonging to the second petitioner, the respondent authorities intercepted and seized the same stating that the said transport is illegal and is not supported by valid documents. As the matter is pending before the first respondent, the first petitioner has approached and requested him to release the paddy and also the vehicle seized. The first respondent, while exercising his discretion, has passed an order dated 21.10.2009 and directed the first petitioner to furnish Bank guarantee for Rs.1,00,000/- for release of the paddy seized and another Bank guarantee for Rs.30,000/- for release of the lorry seized. Questioning the same, the present writ petition has been filed. 2. Learned counsel for the petitioners submits that as the first petitioner is an agriculturist, he cannot furnish Bank guarantee for a sum of Rs.1,00,000/-. He further submits that the second petitioner has nothing to do with the said transport as he has given the said lorry on hire basis to the first petitioner and unnecessarily, he was implicated in this case. 3. Having regard to the submission made by the learned counsel for the petitioners, I deem it appropriate to modify the order of the first respondent to the effect that the respondent authorities are hereby directed to release the lorry bearing No.AP 07 T 5939 to the second petitioner forthwith. However, the second petitioner shall give an undertaking that he shall produce the said vehicle as and when required and further directed not to alienate the said vehicle pending enquiry before the Collector. Insofar as the paddy seized is concerned, the respondent authorities are directed to release the same on condition of the first petitioner furnishing the bank guarantee for a sum of Rs.50,000/-. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. __________________________ GOPALA KRISHNA TAMADA, J Date:03.11.2009 Note: Issue CC by three days. (Bo) SJ