High Court for State of TelanganaWP/16905/2017disposed of no costs

Dhumpala Pushpaleela, v. The State Of Telangana,

2017-06-01B.Siva Sankara Rao3 pages

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.16905 OF 2017 ORDER:

This Writ Petition is filed for the following relief: "...to issue a writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 and 4 in seizing the petitioner' vehicle i.e., Goods Carriage LMV bearing Nos.TS 03 UB 5357 and TS 03 UA 6338 respectively vide proceedings Reference No.DT (CS) Narasampet/6A/2017, dt.20.04.2017, U/sec 6A of Essential Commodities Act, 1955 as illegal, arbitrary and pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case."

2) Heard learned counsel for the petitioners and learned Government Pleader for Civil Supplies for respondents and perused the material on record.

3) Learned counsel for the petitioners submits that the petitioners are not parties to the proceedings initiated before the Collector (CS) under Section 6-A of the Essential Commodities Act (for short 'the Act'). She further submits that petitioners being the owners of the two seized vehicles want to file an application for impleadment as they are choosing to contest the matter that those vehicles are not liable for confiscation or penalty.

4) Having regard to the above, while disposing the writ petition, the Collector (CS) is directed to implead the petitioners as respondent Nos.4 and 5 to the proceedings under Section 6-A of the Act and receive their counter/ objections for disposal

of the matter on merits. Subject to that, the writ petition can be disposed of, but for interim custody of the vehicles other than kept idle being damaged.

5) In view of the same, the respondents are directed to release the subject vehicles to the petitioners for interim custody, pending enquiry under Section 6-A of the Act, on furnishing Bank Guarantees for the value of the vehicles as fixed by RTA concerned respectively, within a period of two weeks from the date of receipt of copy of this order and also file undertaking affidavits not to alienate or misuse or damage the vehicles and to produce if required.

6) With the above direction, the writ petition is disposed of. No costs.

7) As a sequel, miscellaneous petitions if any pending shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.01.06.2017 knl