THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 21773 OF 2011 Dated: 03.08.2011 Between: Ch.Satyanarayan ..... PETITIONER AND The Collector, Visakhapatnam District and another .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.21773 OF 2011 O R D E R : The petitioner claims to be the owner of Tanker Lorry bearing No.AP-31-V-0222. This writ petition is filed seeking a declaration that the seizure of the said vehicle under the mediators report dated 01.07.2011 alleging violation of Clause 3(3) (2), Clause 3(6) and 3(7) of the Motor Spirit and High Speed Diesel (Regulation of supply, Distribution and Prevention of Malpractices) Order, 2005, is arbitrary and illegal. The petitioner contends that the seizure itself is illegal and arbitrary and though he made an application on 07.07.2011 for release of the vehicle, subject to necessary terms and conditions, the 1st respondent failed to consider. I have heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies appearing for the respondents. The material available on record shows that the petitioner’s application for release of the Tanker Lorry was received in the office of the 1st respondent on 07.07.2011. Since the petitioner is willing to furnish the bank guarantee to the value of the vehicle seized, there cannot be any impediment in granting interim custody of the vehicle in question. Accordingly, the Writ Petition is disposed of directing the respondents to release the vehicle in question to the petitioner, subject to the condition of furnishing bank guarantee to the value of the said vehicle as assessed by the 1st respondent. This shall not preclude the 1st respondent to proceed with the enquiry under Section 6-A of the Essential Commodities Act, 1955 and the release of the vehicle shall be subject to the outcome of the said enquiry. No costs. ​ ____________ G. ROHINI, J Date: 03.08.2011 Note: Issue CC by tomorrow (B/o) Ivd