Makkala Narasimha Rao v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1419 of 2015 BETWEEN Makkal Narasimha Rao and another.

... PETITIONERS AND The State of Telangana, Rep. by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Hyderabad and others. ...RESPONDENTS Counsel for the Petitioners: MR. V.H.V.R.R. SWAMY Counsel for the Respondents: GP FOR CIVIL SUPPLIES (TG) The Court made the following:

ORDER:

Petitioners state that the first petitioner is the owner of the vehicle of

the brand Bolero Trolley bearing No.TS 04 UA 2193 and the said vehicle was seized on 18.01.2015, after conducting panchanama, on the ground of carrying PDS rice. While 6-A proceedings are pending, petitioners have filed an application on 23.01.2015 seeking release of the vehicle by approaching the second respondent/Joint Collector. Petitioners have explained the reasons in support of his case that the seized rice is not PDS rice and that transportation of the said rice was lawful and it is not in contravention of the Essential Commodities Act or the Control Order. Petitioner No.1 states that since his livelihood depends on the vehicle, the seizure of the vehicle will cause serious prejudice to him and therefore, sought release of the vehicle and has offered to submit appropriate bank guarantee subject to the satisfaction of the second respondent.

2. Heard learned Assistant Government Pleader for Civil Supplies, who states that since the petitioners' application is filed only on 23.01.2015, the second respondent would pass appropriate orders expeditiously.

3. In the circumstances, second respondent is directed to consider the petitioners' aforesaid application and pass appropriate orders within a period of three (3) days from the date of receipt of a copy of this order. The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J January 29, 2015 DSK