THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9087 of 2011 Dated 07th April, 2011 Between: A.Venkata Ramana …Petitioner And The Joint Collector, Kurnool, Kurnool District and another …Respondents Counsel for the petitioner: Sri K.V.Raghu Veer Counsel for respondents: AGP for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the order, dated 23.03.2011, of respondent No.1, to the extent of directing the petitioner to furnish the bank guarantee for Rs.3,40,000/-, representing the value of the seized stock, as illegal and arbitrary. The petitioner is the owner of the lorry bearing registration No.AP21TU 1499. The said lorry was intercepted and seized when it was carrying rice. A perusal of the police proceedings, dated 14.02.2011, would show that the only ground of seizure is that the documents, such as, waybills etc., produced by the driver are at variance with his alleged oral statement regarding destination to which the goods are intended to be transported. Pending the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), the petitioner made an application before respondent No.1 for release of the lorry. By the impugned proceedings, respondent No.1 stipulated the condition that the petitioner shall furnish bank guarantee for the value of the goods. In my prima facie opinion, except the purported oral statement of the driver, which allegedly contradicted the documents accompanying the goods, no other allegations of illicit transport of the goods have been made. The petitioner is only the owner of the lorry. Therefore, in my opinion, the condition for furnishing the bank guarantee for the value of the goods is too onerous, having regard to the nature of the allegation on which the lorry is seized. Under the above circumstances, the writ petition is allowed by setting aside the condition directing the petitioner to furnish the bank guarantee for the value of the goods. Respondent No.1 is directed to release the lorry subject to the petitioner executing a personal bond and also an undertaking not to alienate or alter the features of the lorry, till the completion of the proceedings under Section 6-A of the Act. As a sequel to disposal of the writ petition, W.P.M.P.No.11282 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 07th April, 2011 VGB