High Court for State of TelanganaWP/29100/2015disposed of no costs

Kammili Venugopala Swamy v. The State Of Andhra Pradesh

2015-09-08A Ramalingeswara Rao3 pages

IN THE HIGH COURT OF JUDICATURE: AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.29100 of 2015 BETWEEN:

Kammili Venugopala Swamy, S/o. Nageswara Rao.

.. Petitioner AND The State of Andhra Pradesh, rep.by its Principal Secretary, Consumer Affairs, Food and Civil Supplies, A.P. Secretariat Buildings, Hyderabad, and 2 others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 08.09.2015.

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/NO

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

3. Whether their Ladyship/Lordship wish to see the fair copy of the Judgment ? YES/NO THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No.29100 of 2015 ORDER:

The rice of the petitioner along with the vehicle was seized by the police on 06.05.2015 in Crime No.91 of 2015 and a case under

Section 7 of the Essential Commodities Act was registered. The petitioner submitted an application for release of the vehicle and rice. Though the vehicle was released, the stock was refused to be released by the endorsement dated 31.08.2015 in ECP No.74 of 2015. Challenging the said endorsement, the present writ petition is filed.

As the seized stock is rice, which is perishable, it cannot be used for the benefit of either the respondents or the petitioner, if it is kept idle during the pendency of proceedings before the second respondent. In the circumstances, the second respondent-Joint Collector, Krishna at Machilipatnam, is directed to release the seized rice on the petitioner furnishing a bank guarantee for a sum of Rs.50,000/- (Rupees Fifty Thousand only), within one week from the date of receipt of a copy of this order.

With the above directions, 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.

______________________________ (A.

RAMALINGESWARA RAO, J) Date: 08.09.2015 Note: Issue CC in three days.

(B/o.) Isn THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

Writ Petition No.29100 of 2015 Note: Issue CC in three days.

(B/o.) Isn Date: 08.09.2015