High Court for State of TelanganaWP/29179/2015disposed of no costs

Sri S. Ram Reddy v. The State Of Telangana, Rep. By Its Commissioner Of Civil

2015-09-09A Ramalingeswara Rao2 pages

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 29179 of 2015 DATED 9th September, 2015 BETWEEN Sri S. Ram Reddy

...Petitioner

And The State of Telangana, Rep. by its Commissioner of Civil Supplies Department and Ex Officio Secretary, Hyderabad and ors.

...Respondents.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 29179 of 2015 ORDER:

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

The petitioner is the owner of Tata Ace goods vehicle bearing Registration No. AP 29 V 5936. The third respondent along with his officials intercepted the said vehicle on 11.06.2015 while the petitioner was transporting illegally the rice meant for Public Distribution System and seized the vehicle along with goods. Thereafter 6-A proceedings are initiated and the same are pending before the second respondent. In the meanwhile the petitioner filed an Objection petition before the second respondent on 25.08.2015 for release of the said vehicle on usual terms. When no orders have been passed, 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 29 V 5936 in favour of the petitioner on condition of his furnishing bank guarantee for Rs.50,000/- 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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