THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4469 of 2011 Date:25.02.2011 Between: T.Sowbhagya ..... Petitioner AND The Joint Collector, Ananthapur and others .....Respondents Counsel for the Petitioner: Sri N.Ranga Reddy Counsel for Respondents: Assistant Government Pleader for Civil Supplies The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in seizing van bearing No.AP 02 V 2994. The petitioner claims to be the owner of the abovementioned vehicle. She pleaded that she has given the vehicle on hire to M/s. PSNR Combines, a gas dealer. On the allegation that the said company was supplying gas cylinders without proper documents, the vehicle was seized. The petitioner further averred that the hirer i.e., M/s. PSNR Combines made an application before respondent No.1 for release of the vehicle, but no order has been passed so far. At the hearing, it is represented by the learned Assistant Government Pleader for Civil Supplies that proceedings under Section 6-A of the Essential Commodities Act, 1955 are pending before respondent No.1. Therefore, it is not proper for this Court to render conclusive findings on the pleas raised by the petitioner. However, having regard to the fact that the vehicle belonging to the petitioner was hired by a gas agency and seized on certain allegations made against the said agency, continuous detention of the vehicle may cause hardship to the petitioner, being the owner of the vehicle. Therefore, in order to balance the equities among the parties, it would be appropriate that the vehicle is released to the petitioner on reasonable terms. Accordingly, the Writ Petition is disposed of with the direction to respondent No.1 to release the abovementioned vehicle to the petitioner subject to the following terms: (i) The petitioner shall produce the registration certificate and other documents pertaining to the vehicle; (ii) respondent No.1 shall assess the present market value of the vehicle; (iii) the vehicle shall be released to the petitioner subject to her furnishing bank guarantee for the present market value of the vehicle; (iv) the release of the vehicle to the petitioner shall be subject to the outcome of the proceedings before respondent No.1. As a sequel to disposal of the writ petition, W.P.M.P.No.5527 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 25th February, 2011 GHN