IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13562 of 2008 Between: Shaik Naser S/o.Shaik Ameen Pakeeza Nagar,Nanded Maharastra State ..... PETITIONER AND 1 The Collector (Civil Supplies) Nizamabad District 2 The District Supply Officer Nizamabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in directing the petitioner to remit an amount of Rs.1,90,000/- to the Civil Supplies Head of Account in proceedings No. CS6/452/2008, dt.12-6- 2008 for release of lorry bearing No.MH 26H 6207 in favour of the petitioner as being arbitrary unreasonable illegal and further declare that the provisions of the A.P Rice procurement(Leavy) order 1984 do not apply to the petitioner and issue a consequential direction directing the respondents to forthwith release the lorry in favour of the petitioner and pass Counsel for the Petitioner:MR.D.BHASKAR REDDY Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following, at the stage of admission : ORAL ORDER: The petitioner’s lorry bearing Registration No. MH 26-H 6207 was intercepted and seized on 28.5.2008 at Kandakurthi Village, Nizamabad District, on suspicion and allegation that it was transporting 170 quintals of rice in contravention of Clauses 3, 4, 7, 8 and 16 of the A.P. Rice Procurement (Levy) Order 1984 and the instructions issued in Government Memo bearing reference No. 259/CS-1 (1)/2008 dated 2.4.2008. The petitioner sought release of the lorry pending finalization of proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’). By the order impugned dated 12.6.2008 of the 1st respondent, the petitioner was directed to remit an amount of Rs.1,90,000/- towards the value of the seized quantity of rice and to submit an undertaking in the stipulated manner to the effect that the lorry would not be sold, transferred, mortgaged or alienated till the finalization of the proceedings under Section 6-A of the Act, before the Joint Collector, Nizamabad. Aggrieved thereby, the petitioner is before this Court. The petitioner is principally aggrieved that he has been asked to furnish the value of the seized goods in cash. In the circumstances, after hearing the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies, the writ petition is disposed of directing the 1st respondent to accept bank guarantee to be furnished by the petitioner for a value of Rs.1,90,000/-. The petitioner shall also furnish an undertaking as directed in the impugned order. On compliance of these two conditions, the 1st respondent shall release the lorry to the petitioner if the first respondent is satisfied that the lorry belongs to the petitioner. The Writ Petition is disposed of as above, at the stage of admission. There shall be no order as to costs. GODA RAGHURAM, J Date: 27.6.2008 Note: CC as soon as possible Bo cvm