HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24424 of 2010 Date 01.10.2010 Between: Shaik Karimuddin. ..... PETITIONER AND The Joint Collector, Guntur, Guntur & another. .....RESPONDENTS Counsel for the Petitioner :Sri K.Srinivas Counsel for the Respondents :Assistant Government Pleader for Civil Supplies HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24424 of 2010 ORDER: The petitioner, who is the owner of the lorry bearing No. AP 05 U 6879, filed the present Writ Petition feeling aggrieved by the condition imposed by respondent No.1 to the effect that the petitioner shall furnish bank guarantee for Rs.1.00 lakh for release of the seized lorry. At the hearing Sri K. Srinivas, learned Counsel for the petitioner, submitted that under proviso to Section 6-A(1) of the Essential Commodities Act, 1955 (for short ‘the Act’), the Collector shall give option to the owner of the vehicle liable for confiscation to pay the fine not exceeding the market price of the essential commodity, which is the subject matter of the proceedings under Section 6-A of the Act. Learned Counsel placed reliance on the mediators report dated 23.08.2010, wherein it is mentioned that the value of the seized kerosene is Rs.14,375/-. Learned Assistant Government Pleader for Civil Supplies did not dispute the submission of the learned Counsel for the petitioner regarding availability of option to the owner of the vehicle to pay the fine in lieu of confiscation of the vehicle. In the light of the above, the impugned order is set aside. Respondent No.1 is directed to release the lorry in question to the petitioner subject to the latter furnishing bank guarantee for the value of the seized goods, namely, 1150 litres of kerosene. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the main petition, WPMP.No.31264 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY,J Date:01.10.2010 usd