THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25070 of 2009 DATE:18.11.2009 Between: G. Chakravarthy ... Petitioner and The Joint Collector, Kurnool, Kurnool District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25070 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 1st respondent in issuing proceedings No.Rc.DSO/CS1/120/2009, dated 06.11.2009, rejecting the petition filed for release of the lorry bearing No.AP 21W 5518, as illegal and arbitrary, and consequently, to direct the respondents to release the lorry, pending the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short "the Act"). 2. According to the petitioner, he is the owner of a lorry bearing No.AP 21W 5518 and eking out his livelihood by hiring the same. While so, on 30.10.2009 the Tahsildar, Banaganapalli Mandal, Kurnool District - 2nd respondent along with others, inspected the lorry and seized the same on the ground that the rice meant to be distributed under the public distribution system was being transported, under the cover of panchanama dated 30.10.2009. Later, he reported the matter to the Joint Collector, Kurnool District - 1st respondent, who in turn, initiated proceedings under Section 6-A of the Act. Immediately thereafter, he filed a petition before the 1st respondent seeking release of the lorry. But, the 1st respondent simply rejected the petition, by proceedings No. Rc.DSO/CS1/120/2009, dated 06.11.2009, on the ground that 6-A proceedings are pending. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. As it is the main contention of the learned counsel for the petitioner that the petitioner is eking out his livelihood by hiring the lorry seized on 30.10.2009 and if the lorry is not released, he will be put to irreparable loss, the 1st respondent is hereby directed to release the lorry in favour of the petitioner on his furnishing third party security equivalent to the value of the seized rice, as assessed by him. Further, the petitioner is directed to give an undertaking that he will not alienate the lorry and also produce the same as when it is required. 5. With the above directions, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 18th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25070 of 2009 (Disposed of) 18th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS