THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16114 of 2009 DATE:06.08.2009 Between: K. Sadasiva Rao .. Petitioner and The Joint Collector cum Additional District Magistrate, Guntur District, Guntur and another .. Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16114 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 1st respondent in rejecting the petition filed by him in E.C. Act Case No.75/2009-S7 seeking to release his lorry bearing registration No.AP 07W 9186 on condition of furnishing bank guanratee for the value of the seized stock, as illegal and arbitrary. 2. The case of the petitioner is that he is owner of a lorry bearing registration No.AP 7W 9186 and running the same for hire as a public carrier under national permit authorisation No.AP 107/48/NPPUC/2007. On 08.06.2009 his lorry was proceeding with rice load from Chennai to Mumbai and when it reached Nakarikal, the S.I. of Police, Nakarikal Police Station, has intercepted the said lorry near the Agricultural Market Check Post, Nakarikal and seized the same on suspicion that the lorry indulged in illegal transportation of PDS rice and reported the matter to the Joint Collector, Guntur District - 1st respondent, who in turn, initiated proceedings under Section 6- A of the Essential Commodities Act 1955 (for short 'the Act'). As against the same, he filed a petition before the 1st respondent on 24.06.2009 seeking to release the lorry on furnishing bank guarantee for the value of the stock seized from it, but the same was not considered by the 1st respondent, by proceedings dated 14.07.2009. Aggrieved by the same, the petitioner filed this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies. 4. The learned counsel for the petitioner has submitted that without verifying the records, the S.I. of police, Nakarikal seized the lorry of the petitioner and that though the petitioner filed a petition before the 1st respondent for release of the lorry on furnishing bank guarantee, but the same was not considered. 5. Having considered the submissions made by both the learned counsel and also taking into consideration that the petitioner was prepared to furnish bank guarantee for the value of the seized stock, this Court is of the view that this writ petition can be disposed of with a direction to the 1st respondent to release the lorry of the petitioner on condition of his furnishing bank guarantee. 6. This writ petition is disposed of directing the Joint Collector, Guntur - 1st respondent to release the lorry bearing No.AP 7W 9186 in favour of the petitioner, on condition of his furnishing bank guarantee equivalent to the value of the seized stock. The petitioner also is directed not to alienate the said lorry, during pendency of the proceedings under Section 6-A of the Act, and to produce the lorry before the Authorities, as and when required. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 6th August, 2009 cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16114 of 2009 (Disposed of) 6th August, 2009 CBS