High Court for State of TelanganaWP/29201/2015disposed of no costs

Damarla Madhava Rao, v. The State Of Telangana

2015-09-09A Ramalingeswara Rao3 pages

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 29201 of 2015 DATED 9th September, 2015 BETWEEN Damarla Madhava Rao

...Petitioner

And The State of Telangana, rep. by its Prl.Secretary, Food and Consumer Affairs, Secretariat, Hyderbad and ors.

...Respondents.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 29201 of 2015 ORDER:

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

The petitioner is the owner of goods carriage vehicle bearing registration No. AP 20TC 5910. On 12.08.2015 when the petitioner was transporting rice meant for Public Distribution System, the third respondent intercepted the said vehicle and seized the same along with goods. Thereafter 6-A proceedings are initiated and the same are pending before the second respondent. The petitioner filed a petition before the second respondent on 1.9.2015 seeking release of the said vehicle on usual terms. When no orders are passed on the said petition, the present Writ Petition is filed.

Needless to state, continued detention and seizure of the

vehicle does not serve 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. AP 20 TC 5910 in favour of the petitioner on condition of his furnishing bank guarantee for Rs.75,000/- 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 9th September, 2015.

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