THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19041 of 2007 DATE:03.08.2009 Between: Aleti Anjaiah ... Petitioner and The Collector (Civil Supplies), Rangareddy District at Lakdikapool, Hyderabad. ... Respondent THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19041 of 2007 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the respondent in seizing his lorry bearing registration No.AP 21T 2668 on 20.08.2007, in connection with a case under Section 6-A of the Essential Commodities Act (for short 'the Act'), as illegal and arbitrary, and consequently direct the respondent to release his lorry. 2. Facts, in brief, are that the petitioner is registered owner of a lorry bearing registration No.AP 21T 2668. On 20.08.2007, the Civil Supplies Authorities have seized the said lorry on the ground that it was transporting kerosene meant to be supplied to the card holders through the public distribution system, and later booked a case under Section 6-A of the Act. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that the petitioner parked his lorry opposite to a shop where clandestine business of P.D.S. Kerosene was going on and the Civil Supplies Authorities on a mistaken impression that the lorry also belonged to that shop owner, registered a case and seized the lorry, and that the authorities have agreed that they found nothing like P.D.S. Kerosene in the lorry. Therefore, the action of the Authorities in seizing the lorry is not only arbitrary, but also without jurisdiction. 5. This Court, while issuing rule nisi on 07.09.2007, ordered release of the lorry bearing No.AP 21T 2668, on condition of the petitioner furnishing bank guarantee for a sum of Rs.18,810/- equivalent to the seized kerosene. 6. As the proceedings under Section 6-A of the Act are very much pending and in view of the fact that the lorry has already been released in favour of the petitioner and taking into consideration the undertaking given by the petitioner in the affidavit filed in support of this writ petition to the effect that he will not alienate the lorry, pending finalisation of the proceedings under Section 6-A of the Act, this Court is of the view that this writ petition can be disposed of with a direction to the Joint Collector, Rangareddy District to complete the enquiry under Section 6-A of the Act. 7. Accordingly, this writ petition is disposed of directing the Joint Collector, Rangareddy District to complete the enquiry under Section 6-A of the Act, as expeditously as possible. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 3rd August, 2009 cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.19041 of 2007 (Disposed of) 3rd August, 2009 CBS