HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27883 of 2011 Date: 12.10.2011 Between : Banda Narender Reddy … Petitioner and Joint Collector, Ranga Reddy District, Lakdikapool, Hyderabad and others. … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27883 of 2011 ORDER : Heard Sri V.H.V.R.R. Swamy, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Civil Supplies appearing for the respondents. 2. This writ petition is filed seeking Mandamus to declare the action of the 2nd respondent-Assistant Supply Officer, Saroornagar, Ranga Reddy District, in seizing the petitioner’ lorry bearing No.AP 13X 3006, as arbitrary and illegal. 3. The petitioner is the owner of the Lorry bearing No.AP 13X 3006. It is stated that the said vehicle was engaged for transportation of rice belonging to one Vijay Singh, Shop No.30, Huda Trade Centre, Serilingampally. At the time of loading the rice, the 2nd respondent along with his staff inspected the said shop and seized the rice along with two vehicles, including the lorry belonging to the petitioner standing in front of the shop, on the ground that the owner of the shop is doing business in violation of the provisions of the A.P. Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 (for brevity “the Control Order”). In this writ petition, the allegation of the petitioner is that there is no basis for seizing his vehicle. It is stated that even taking the contents of the report submitted by the 2nd respondent as it is, the petitioner has not committed violation of any of the provisions of the Control Order. Therefore, the petitioner has filed the present writ petition seeking release of his vehicle. 4. Undisputably, with regard to confiscation of the vehicle, it is a matter to be examined by the competent authority in an enquiry initiated under Section 6-A of the Essential Commodities Act, 1955 (for brevity “the Act”). Even from a perusal of the panchanama dated 28.9.2011, the only allegation against the petitioner is that 78 quintals of rice was loaded in his lorry. Even assuming that there is a prohibition with regard to transportation of rice or violation of the provisions of the Control Order, it is a matter to be examined by the competent authority while conducting the enquiry under Section 6-A of the Act. 5. Having regard to the facts and circumstances of the case and as the petitioner is not claiming the seized stock and only seeking release of the seized vehicle, I deem it appropriate to dispose of the writ petition directing the respondents to release the Lorry bearing No.AP 13X 3006 on condition of the petitioner furnishing bank guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only) from any Nationalised Bank in favour of the 1st respondent-Joint Collector, Ranga Reddy District and also on filing an undertaking by the petitioner that he will not transfer or alienate the vehicle in question till appropriate final orders are passed by the competent authority pursuant to the enquiry initiated under Section 6-A of the Act and he will produce the vehicle as and when required for the purpose of enquiry. The respondents are further directed to complete the said enquiry and pass appropriate orders in accordance with law as expeditiously as possible, within a period of six months from the date of receipt of a copy of this order. It is made clear that the bank guarantee furnished by the petitioner shall be subject to the final orders passed by the competent authority in the said enquiry. 6. Subject to the above observations and directions, the writ petition is disposed of at the admission stage. No order as to costs. _______________________________ JUSTICE R. SUBHASH REDDY 12.10.2011. NOTE: Issue C.C. in two days. (B/O) Msr HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27883 of 2011 12.10.2011 Msr