HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.25069 of 2010 Date : 6-10-2010 Between : Madala Siva Nagaraju .. Petitioner And The Joint Collector (CS Wing), Prakasam District, Ongole and another .. Respondents Counsel for petitioner : Sri I.Koti Reddy Counsel for respondents : Assistant Government Pleader for Civil Supplies The Court made the following : HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.25069 of 2010 ORDER: This Writ Petition is filed for a mandamus to set-aside proceedings dated 21-9-2010 of respondent No.1. The petitioner is the owner of lorry bearing registration No.AP 07 TT 4309. The said lorry was intercepted on 1-9- 2010 at about 5 A.M. by the Assistant Supply Officer, Ongole along with his staff and seized the same along with P.D.S. rice of the quantity of 158.48 quintals which is shown to be worth Rs.3,16,960/-, at open market rate. The petitioner approached respondent No.1 with an application for release of the lorry pending proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short “the Act”). Respondent No.1 vide his order dated 21-9-2010 directed release of the lorry to the petitioner subject to his furnishing bank guarantee for a sum of Rs.3,16,960/-. Sri I.Koti Reddy, learned counsel for the petitioner submitted that his client is not aware of alleged violation of the Control Order by the owner of the rice and that the condition to furnish bank guarantee for the full value of the rice is very onerous. Having regard to the facts and circumstances of the case and considering the fact that the petitioner is only the owner of the lorry, I am of the opinion that interests of justice would be met if the petitioner is permitted to get the lorry released subject to his furnishing bank guarantee for 50% of the open market value of the seized stock. Accordingly, order dated 21-9-2010 is modified. The petitioner shall not alienate or in any manner alter the condition of the seized lorry during the pendency of the proceedings under Section 6-A of the Act. The Writ Petition is accordingly disposed of. As a sequel to disposal of the Writ Petition, WPMP No.32048/2010 is disposed of as infructuous. ___________________________ C.V. NAGARJUNA REDDY.,J Date : 6-10-2010 Note: Furnish copy in (3) days. AM