IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE TENTH DAY OF NOVEMBER, TWO THOUSAND AND TEN WRIT PETITION No.27847 of 2010 Between: S.Rehaman. … Petitioner And: Joint Collector (Civil Supplies), Chittoor District, Chittoor and others. … Respondents Counsel for the petitioner: Sri Ch.Dhanamjaya. Counsel for the respondents: AGP for Civil Supplies. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to set aside endorsement in Roc No.D2-1096-2010, dated 18- 10-2010, of respondent No.1, whereby he has imposed the condition of furnishing bank guarantee for Rs.2,10,000/- towards value of the seized boiled rice, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to release the seized rice along with lorry bearing registration No. AP 03 U 6514 to him. I have heard Sri Ch.Dhanamjaya, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. The petitioner’s lorry, along with 280 bags of boiled rice, was seized on 27-9-2010 when the goods were being transported from Tamilnadu to Karnataka. The petitioner made an application to respondent No.1 for release of the seized stock and the lorry by maintaining that the stock was purchased through an authorized dealer under valid bills and that the Commercial Tax Department on verification of the documents had levied tax of Rs.8,400/- and penalty of Rs.16,800/- besides C.Fees of Rs.3,000/-. Respondent No.1, vide his order dated 18-10-2010, which is impugned in the writ petition, directed release of the seized boiled rice only on the petitioner furnishing bank guarantee for Rs.2,10,000/-. It is the pleaded case of the petitioner that no proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”) were initiated and that in the absence of specific allegations made against the petitioner, the condition of furnishing of bank guarantee by the petitioner cannot be justified. The petitioner further pleaded that respondent No.1 has committed an error in not directing release of the lorry. The learned Assistant Government Pleader for Civil Supplies has placed before the Court FAX letter dated 10-11-2010 sent by the District Supply Officer, Chittoor, to the learned Government Pleader for Civil Supplies wherein it is, inter alia, stated that as the transportation was being made contrary to G.O.Ms.No.76, Consumer Affairs, Food and Civil Supplies (C.S.I) Department, dated 18-12-2009, the lorry along with the stock was seized and proceedings under Section 6-A of the Act have been initiated. As rightly pointed out by the learned counsel for the petitioner, the impugned endorsement does not refer to any of the allegations on which the rice along with the lorry was seized. The petitioner has enclosed the bills and the demands made by the Commercial Tax Department, which prima facie show that transportation of boiled rice is not clandestine. However, this aspect needs to be adjudicated in the proceedings under Section 6-A of the Act by respondent No.1. In my opinion, interests of justice would be met if the seized stock, along with the lorry is released to the petitioner, on his furnishing bank guarantee for Rs.2,10,000/-. The order of respondent No.1 is accordingly modified. On the petitioner furnishing bank guarantee for a sum of Rs.2,10,000/-(Rupees two lakhs and ten thousand only) and also producing the registered documents pertaining to lorry bearing registration No.AP 03 U 6514, 280 bags of boiled rice along with the said lorry shall be released to him. The petitioner shall not alienate or create any encumbrance over the said lorry till the disposal of proceedings under Section 6-A of the Act. The bank guarantee furnished by the petitioner shall be subject to the result of the pending proceedings before respondent No.1. Subject to above directions, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:10-11-2010 Note: Issue CC by tomorrow. (BO) MNR