Yarra Venkata Ramana S/O. Appa Rao, v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE; AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No. 24784 of 2015 BETWEEN Yarra Venkata Ramana

...Petitioner

And The State of Telangana, Rep. by its Secretary, Department of Civil Supplies, Secretariat, Hyderabad and ors

...Respondents.

DATE OF JUDGMENT PRONOUNCED: 07.08.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers may be allowed to see the judgments? YES

2. Whether the copies of judgments may be marked to Law Reporters/Journals. NO

3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment ? NO.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 24784 of 2015 ORDER:

Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.

The petitioner is the owner of Mahindra Bolero vehicle bearing Registration No. TS 04 UA 0284. The said vehicle of the petitioner was intercepted by the third respondent on 23.07.2015 and seized said vehicle along with 16.10 Quintals of rice on the ground that the said vehicle was transporting the rice meant for Public Distribution System.

Thereafter 6-A proceedings were initiated and the same are pending. The petitioner filed a petition before the second respondent on 25.7.2015 for release of the said vehicle. When no action was taken, the present Writ Petition is filed.

Trite to state continued detention and seizure of the vehicle does not advance any purpose or interest of the respondents. On the other hand it would expose to theft of parts and damage. The interest of the respondents can be protected by directing that the vehicle of the petitioner be released subject to certain conditions. In the circumstances, the second respondent is directed to release the vehicle bearing registration No. TS 04 UA 0284 in favour of the petitioner on condition of the his furnishing bank guarantee for Rs.2,00,000/- within fifteen days from the date of receipt of a coy of this order. Further, the petitioner shall file an undertaking before the

second respondent stating that he shall not alienate or encumber the said vehicle till the conclusion of 6-A proceedings and the same shall be produced in the 6-A proceedings as and when directed by the second respondent.

The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any shall stand closed in consequence. No order as to costs.

--------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 7th August, 2015.

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