Dongala Swamy, v. The State Of Telangana, Rep. By Its Principle Secretary,
HON'BLE SRI JUSTICE R. KANTHA RAO W.P.No.3055 of 2015 ORDER:
Heard learned counsel appearing for the petitioner, learned Government Pleader for Civil Supplies appearing for respondents 1 to 3, and learned Government Pleader for Home appearing for respondent No.4.
This Writ Petition is filed seeking to declare the action of the 2nd respondent in releasing the petitioner's vehicle i.e., Bolero bearing No.TS 04 UA 1734 on furnishing bank guarantee to the value of the goods, as arbitrary and illegal.
Learned counsel appearing for the petitioner submits that the petitioner is not in a position to furnish the bank guarantee for the entire market value of the vehicle.
If the vehicle is kept idle, it will be exposed to sun, rain and dust and the condition of the vehicle is likely to be deteriorated.
Hence, the order dated 3.2.2015 passed by the 2nd respondent-Joint Collector(Civil Supplies) Khammam, Khammam District, is modified and instead of furnishing bank guarantee equivalent to the market value of the vehicle, the petitioner is directed to furnish
bank guarantee for a sum of Rs.1,00,000/- within a period of six weeks from the date of receipt of a copy of this order. On furnishing such bank guarantee, the vehicle shall be released to the petitioner for interim custody.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_____________________ JUSTICE R. KANTHA RAO 18th February, 2015 rkk Note: Issue by two days.