IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO.2573 of 2009 Between: Vasudevan S Iyengar, S/o. V.K. Srinivas, r/o. Amit Kunj, II Floor, Road No. 4, Bhatwadi, Kisan Nagar No. 3, Wagle Estate, Thane, Maharashtra ..... PETITIONER AND The Joint Collector (Civil Supplies Wing), Warangal District, Collectorate, Warangal. .....RESPONDENT 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in seizing the Oil Tanker bearing Registration No. AP MH 04 CA 8661 belonging to the petitioner along with stock of 10 KLs of Chemical 'Reducer' in connection with the case under Section 6-A of the E.C. Act, on 02-2-2009 as illegal, arbitrary and without jurisdiction and consequently direct the respondent and his subordinates to release the said oil tanker along with stock in it in favour of the petitioner forthwith. Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondent:GP FOR CIVIL SUPPLIES The Court made the following : ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondent in seizing the Oil Tanker bearing Registration No.MH 04 CA 8661 belonging to the petitioner in connection with a case under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), on 02.02.2009, as arbitrary and illegal. The petitioner also sought for a direction to the respondent to release the said Oil Tanker along with the stock in his favour. It appears, the petitioner is the owner of Oil Tanker bearing registration No.MH 04 CA 8661. The said Oil Tanker was seized by the respondent authorities on 02.02.2009 in connection with the proceedings under Section 6-A of the Act. Now, it is the grievance of the petitioner that he is not aware of the stocks being transported in the Oil Tanker and he has no intimation about the same. When he approached the respondents and sought for release of the Oil Tanker, they refused to release the same. Hence, this writ petition. Heard both sides. In the facts and circumstances of the case, the respondent -Joint Collector, Civil Supplies Wing, Warangal is directed to release the Oil Tanker bearing registration No.MH 04 CA 8661 belonging to the petitioner on furnishing bank guarantee for the value of the goods seized and also on giving an undertaking that he shall not sell or create any third party encumbrance on the Oil Tanker seized. The writ petition is accordingly, disposed of. No costs. ________________ C.V.RAMULU, J 12th FEBRUARY, 2009 Note: issue c.c. in three (3) days. B/o kvni