HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33154 of 2011 Date: 16-12-2011 Between K.Balaji … Petitioner and The Government of Andhra Pradesh, Rep. by its Collector (CS), Office of the Collectorate, Khammam, Khammam district and another … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33154 of 2011 Order: Heard Sri Bussa Rajendra, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents 1 and 2. 2. The petitioner is the owner of lorry bearing registration No.AP26U-7239, which has been seized by the Deputy Tahsildar (Civil Supplies), Khammam Rural, Khammam district, the 2nd respondent herein, as it was found transporting paddy and kerosene. The petitioner, being the owner of the vehicle, filed an application dated 02-12-2011 seeking release of the same. The Collector (Civil Supplies), Khammam district, the 1st respondent herein, considered the said application and passed an order vide Memo in M.C.No.187/2011, dated 13-12-2011, directing release of the lorry on condition of the petitioner furnishing bank guarantee for Rs.1,81,125/-. This writ petition is filed challenging the said order on the sole ground that the petitioner is not liable to furnish bank guarantee for the value of the seized stock since he is not concerned with the same. 3. The learned counsel for the petitioner submits that since the petitioner is concerned only with the vehicle, fastening liability of the seized stock on the petitioner is not tenable. 4. On a consideration of the said contention with reference to the impugned order, dated 13-12-2011, it is seen that the 1st respondent has directed the petitioner to furnish bank guarantee for the value of the seized paddy and the lorry. In disputably, the petitioner is the owner of the vehicle only. Under Section 6-A of the Essential Commodities Act, 1955, even though the owner of a vehicle, which is involved in the commission of offence, is also liable, he is liable only to the extent of the vehicle. In that view of the matter, the impugned order directing the petitioner to furnish bank guarantee covering the value of the paddy in addition to the value of the vehicle is not valid. 5. For the aforesaid reasons, the impugned order passed by the 1st respondent-Collector, Khammam district, vide M.C.No.187/2011, dated 13-12-2011, is set aside and the matter is remanded to the 1st respondent for reconsideration. The 1st respondent shall pass appropriate orders for release of the vehicle having regard to the aforesaid legal position as expeditiously as possible, preferably within a period of 2 (two) weeks from the date of receipt of a copy of this order. 6. Subject to the above directions, the writ petition is disposed of, at the stage of admission. 7. In view of disposal of the writ petition, W.P.M.P.No.41186 2011 is dismissed as unnecessary. No costs. ___________________ NOUSHAD ALI, J. 16th December, 2011. Note:- Issue C.C. in three days. (B/o) Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33154 of 2011 16th December, 2011. (Ak)