HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.31164 of 2011 Date: 01-12-2011 Between S.S.V.Prasad Gupta … Petitioner and The Joint Collector, Kadapa, Kadapa district and another … Respondents HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.31164 of 2011 Order: Heard Sri Srinivas Polavarapu, learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies appearing for the respondents 1 and 2. 2. Even though this writ petition is filed seeking a mandamus to declare the action of the Joint Collector, Kadapa, the 1st respondent herein, in not releasing the vehicle, which has been seized for contravention of the provisions of the Essential Commodities Act, 1955 (for short ‘the Act’), by carrying rice meant for Public Distribution System, the learned counsel for the petitioner seeks a short relief at the hearing to direct the 1st respondent to consider the application dated 02-11- 2011 ﬁled by the petitioner for interim release of the vehicle, this writ petition is being disposed with the consent of both the learned counsel, at the stage of admission. 3. The petitioner claims to be the owner of lorry bearing registration No.AP04X-2223. T h e Tahsildar, Vemula Mandal, the 2nd respondent herein, submitted a report to the 1st respondent alleging that during his inspection, he found the aforesaid lorry carrying 170 quintals of rice meant for Public Distribution System. The 2nd respondent recorded the statements of one Mallemula Pullaiah, who is working as Clerk in the rice mill of the petitioner and the driver and cleaner of the lorry, who are said to have stated that they were instructed to transport rice and unload at Bangarupeta of Karnataka State. The 1st respondent, taking cognizance of the same, has initiated proceedings for conﬁscation under Section 6A of the Act. The petitioner approached the 1st respondent by submitting an application on 02-11- 2011 seeking release of the vehicle, by denying that the lorry was carrying rice meant for Public Distribution System and that he was transporting regular rice under a valid Release Certificate. It is stated that even though the said application was filed on 02-11-2011 and considerable time has elapsed since then, the 1st respondent has not considered the same. It is stated that the vehicle has been detained for over a month and no useful purpose would be served by detaining it any longer. It is, therefore, submitted that the 1st respondent be directed to consider the petition for interim release and pass appropriate orders within a time-frame. 4. The learned Assistant Government Pleader has no objection for issuing such a direction. 5. Indisputably, the vehicle was seized on 29-10- 2011 and the petitioner has approached the 1st respondent for release of the vehicle on 02-11-2011. Considerable time has elapsed since then. In matters of this nature, it is desirable that the Statutory authorities should act expeditiously in order to avoid hardship to the parties. 6. In the aforesaid circumstances, without expressing any opinion on the merits of the case, I deem it appropriate to dispose of the writ petition, directing the 1st respondent-Joint Collector, Kadapa, to consider the application of the petitioner dated 02-11-2011 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within 10 (ten) days from the date of receipt of a copy of this order. 7. In view of disposal of the writ petition, W.P.M.P.No.38673 2011 is dismissed as unnecessary. No costs. ___________________ NOUSHAD ALI, J. 01st December, 2011. Note:- Issue C.C. in three days. (B/o) Ak HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.31164 of 2011 01st December, 2011. (Ak)