IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1200 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 04/09/2008 in WP NO : 19154 OF 2008 on the file of the High Court.) Between: T. Chalamaiah S/o. Venkata Subbaiah R/o. 7-8-125 (Old), 7-8-53 (new), T.B. Road, Allagadda, Kurnool. ..... APPELLANT AND 1 The Joint Collector, Kurnool, Kurnool District. 2 The Tahsildar, Rudravaram Mandal, Kurnool District. .....RESPONDENT(S) Counsel for the Appellant:MR.K.V.RAGHU VEER Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1200 of 2008 ORDER: ( Per the Hon’ble Sri Justice B. Prakash Rao) Heard both sides. The main appeal itself is taken up for disposal with the consent of both the parties. This Writ Appeal is ﬁled by the appellant, aggrieved by the orders dated 4-9-2008 of the learned Single Judge passed in W.P. No. 19154 of 2008, wherein the vehicle bearing NO.AP-21-5899 was ordered to be released on furnishing Bank Guarantee to the market price of the said vehicle, inter alia, contending that the value of the vehicle would substantially run in larger amount and therefore, the condition of furnishing bank guarantee to the market value of the vehicle is onerous. The facts of the case are that the lorry in question was seized on the alleged ground of carrying red gram and the conﬁscation proceedings initiated under Section 6-A of the Essential Commodities Act, 1955, are still pending before the 1st respondent. Having regard to the facts and circumstances of the case, we ﬁnd that furnishing bank guarantee to the market price of the vehicle is onerous condition, and we direct the appellant to furnish bank guarantee of Rs.1,00,000/-(Rupees one lakh only) for the release of the vehicle bearing NO. AP-21-U-5899 as ordered by the Single Judge. Subject to the said modiﬁcation, the appeal is disposed of. No order as to costs. _______________________ Justice B.Prakash Rao, _______________________ 25th September, 2008 Justice R.Kantha Rao Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1200 of 2008 25th September, 2008.