Gilani Basha, v. The State Of Andhra Pradesh, Rep.By Its Principal

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No. 935 OF 2015 13-10-2015 Between:

Gilani Basha and another ... Appellants And The State of Andhra Pradesh, rep., by its Principal Secretary, Department of Civil Supplies, Secretariat Buildings, Hyderabad and others ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No. 935 OF 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale)

Heard learned counsel for the parties.

The appellants challenge the following order passed in W.P.No.29617 of 2015 in the instant appeal.

The petitioner claims to be the owner of Light Motor Vehicle purchased in the year 2015. The said vehicle was registered with the registration No.AP 03Y 6064. When the said vehicle was involved in 6 A proceedings, it was seized and the proceedings are pending before the 2n d respondent. The present writ petition is filed seeking release of the said vehicle pending disposal of the 6A proceedings.

The continued detention of the vehicle is not to the benefit of the Government or to the petitioner.

In the circumstances, this Court feels that interest of justice would be met if the petitioner furnishes Bank Guarantee for a value of Rs.2,00,000/- (Rupees Two Lakhs only) for release of the vehicle and as and when the petitioner furnishes the said Bank Guarantee, the 2nd respondent shall release the vehicle with usual undertaking of not alienating the vehicle and producing the same as and when directed by the 2nd respondent during the pendency of the 6 A proceedings. Accordingly, the writ petition is disposed of. No order as to costs." Learned counsel for the appellants submits that the appellants would be satisfied if directions are issued to respondent No.2 to conclude the enquiry/proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act').

In other words, he submits that he would not insist for release of vehicle if the proceedings under Section 6-A of the Act are concluded within timeframe. Having considered the submission of learned counsel for the appellants, we are satisfied that this writ appeal can be conveniently disposed of by the following order: "Respondent No.2 shall endeavour to dispose of the proceedings under Section 6-A of the Act as expeditiously as possible and preferably within six (6) weeks from the date of receipt of this order. The appellants are directed to appear before respondent No.2 with a copy of this order on 17-10-2015 at 11.00 a.m. Certified copy of this order may be made available to the appellants.

contentions on merits are kept open."

Consequently, miscellaneous petitions, if any, also stand disposed of. _________________________ DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J 13-10-2015 ks