HON’BLE SHRI G.S.SINGHVI, THE CHIEF JUSTICE AND HON’BLE SHRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 8170 OF 2007 Between: Govind Kumar Lohia …Petitioners AND Commissioner of Customs & Central Excise Service Tax, Hyderabad Commissionerate, L.B Stadium Road, Basheerbagh, Hyderabad and another ...Respondents : O R D E R : Counsel for the petitioner : Smt. G. Jhansi Counsel for the respondents : Shri A. Rajasekhar Reddy, Assistant Solicitor General August 6, 2007 Per G.S.SINGHVI, CJ In this petition filed under Article 226 of the Constitution of India, the petitioner has made the following substantive prayer: “it is humbly prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st respondent in not removing the attached goods of M/s. Jagadish Cancer & Research Center from the premises bearing No.3-6-20, Tirumala Apartments, Basheerbagh, Hyderabad and refusal to pay rents/damages for utilizing the premises as being illegal, arbitrary and in violation of Customs Act, 1962 and consequently direct the 1st respondent herein to remove the attached equipment from the premises forthwith and pass such other appropriate order or orders as are deemed fit and proper in the interests of justice.” There is no dispute between the parties that M/s.Siddhartha Health Care Limited had availed credit facility from the Andhra Pradesh Industrial Development Corporation (respondent No.2) and offered the property bearing Shop Nos.12 to 15 and Garage Nos.15 and 16 situated in House No.3-6-20, Tirumala Apartments, Skyline Theatre Road, Himayatnagar as security. It is also not in dispute that due to failure of M/s.Siddhratha Health Care Limited to repay the loan, respondent No.2 auctioned the mortgaged properties and the highest offer of Rs.30,10,000/- given by the petitioner was accepted. The petitioner’s grievance is that he has not been able to take possession of the mortgaged property because imported radio-active equipment/material belonging to M/s.Jagadish Cancer and Research Center Private Limited, Hyderabad, which was occupying the mortgaged property as a lessee, has not been removed and despite repeated representations, respondent No.1 has not taken care to remove the equipment by invoking the provisions of Section 142 of Customs Act, 1962. On 4-6-2007, the Court had accepted the request of Shri A. Rajasekhar Reddy, learned Assistant Solicitor General for grant of two months time to the respondents to remove the radio-active material lying in the premises purchased by the petitioner. At the hearing, Shri A. Rajasekhar Reddy gave out that the department has made efforts on two occasions to ensure that the radio- active material is removed, but has not succeeded. According to him, the Atomic Energy Commission, to whom the department has approached, requires six months time to remove the radio-active equipment/material. Though unusual, keeping in view that the safety of the general public cannot be compromised, we deem it proper to accept the request of the learned Assistant Solicitor General and dispose of the writ petition with the direction that the radio-active equipment/material lying in the premises purchased by the petitioner must be removed within six months counted from today so as to enable him to occupy the mortgaged property. Ordered accordingly. As a sequel to disposal of the writ petition, WPMP No. 10482 of 2007 filed by the petitioner for interim relief is also disposed of as infructuous. G.S. SINGHVI, CJ C.V. NAGARJUNA REDDY, J August 6, 2007 ks