G. Balaiah v. Prl.Secretary (Cs) And 4 Others
THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.29393 of 2016 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the seizure panchanama proceedings dated 16.10.2014 detaining the petitioner's lorry bearing No.AP 21Y 2799 as illegal and arbitrary.
2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh).
3. The petitioner claims to be the owner of lorry bearing No.AP 21Y 2799. On 16.10.2014, the fourth respondent intercepted the lorry of the petitioner at Banaganapally cross roads, near Peapully alleging that the vehicle was being used for the purpose of transportation of PDS rice in violation of the provisions of the Essential Commodities Act and Andhra Pradesh Public Distribution System (Control) Order 2008. In this connection, the proceedings under Section 6A of the E.C. Act are pending before the third respondent. The petitioner has made application dated 15.10.2015 to the third respondent for release of the lorry, but the same is kept pending without passing any orders.
4. At the time of the arguments, the learned counsel for the petitioner submitted that the third respondent may be directed to dispose of the application of the petitioner dated 15.10.2015 as early as possible.
The learned Assistant Government Pleader also consented for disposal of the application of the petitioner.
5. Having regard to the facts and circumstances of the case and also the submissions made by learned counsel for both the parties, the third respondent is hereby directed to consider the application of the petitioner dated 15.10.2015 for release of lorry bearing No.AP 21Y 2799 and pass appropriate orders thereon in accordance with law, as
expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order.
6. With the above direction, the writ petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
__________________________ (T.SUNIL CHOWDARY, J) August 31, 2016.
NOTE:
Dispatch order copy in Two days.
(By order) YS