HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24451 of 2010 Date 01.10.2010 Between: Nalamalapu Subba Reddy. ..... PETITIONER AND The Joint Collector (CS Wing), Prakasam District, Ongole and another. .....RESPONDENTS Counsel for the Petitioner : Sri I.Koti Reddy Counsel for Respondents : Assistant Government Pleader for Civil Supplies HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24451 of 2010 ORDER: The petitioner, who is the owner of the lorry bearing No. AP 27 X 2669, filed this Writ Petition feeling aggrieved by the quantum of the amount for which bank guarantee is directed to be furnished by respondent No.1 under the impugned order. On 17.08.2010, the petitioner’s lorry was seized along with 134.90 quintals of PDS rice, which is shown to be worth Rs.2,69,800/- and its subsidized rate is shown as Rs.26,980/- by respondent No.1 in his order dated 10.09.2010. At the hearing Sri I.Koti Reddy, learned Counsel for the petitioner, submitted that his client is innocent as he has merely hired the lorry to the third party without being aware of the consequences and that it will be highly onerous to furnish bank guarantee for a sum of Rs.2,69,800/-. Learned Counsel also disputed the assessment of the market price made by respondent No.1. After hearing the learned Assistant Government Pleader for Civil Supplies, I am of the opinion that the petitioner being the owner of the lorry and there being no allegations against him of illicit trading, interest of justice would be met if the lorry is directed to be released subject to the petitioner furnishing bank guarantee for a sum of Rs.1,50,000/-. The impugned order is accordingly modified. On the petitioner furnishing bank guarantee for Rs.1,50,000/- (Rupees One lakh Fifty Thousand Only), respondent No.1 shall release the lorry to him, which shall be subject to the result of the pending proceedings under Section 6- A of the Essential Commodities Act, 1955. The Writ Petition is accordingly disposed of. As a sequel to disposal of the main petition, WPMP.No.31300 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY,J Date:01.10.2010 Note:CC in two days. bo usd