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High Court for State of TelanganaWP/37353/2017disposed of no costs

Sri Vaibhava Lakshmi Traders, Rep. By Its Proprietor, v. The State Of Andhra Pradesh, Rep. By Its Principal

2017-11-08A.Rajasheker Reddy2 pages

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.37353 OF 2017 O R D E R :

This petition is filed for the following relief: " ... to issue an order, direction or a Writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3, in seizing the stock of Castor Cake Powder, Neem Seeds, and Tobacco Powder, under Panchanama dated 23.10.2017 from the premises of the petitioner, as illegal and arbitrary, unjust, unreasonable and besides being violative of fundamental and Constitutional Rights guaranteed under Article 14, 19 and 21 of the Constitution of India and pass such other order as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Heard learned counsel for the petitioner, who submits that the 'lis' in the writ petition is squarely covered by the common order dated 13.10.2017 passed by this Court in WP.Nos.33892 and 34367 of 2017 and the same is not disputed by the learned Government Pleader for Agriculture. Recording the said submission of the learned counsel, since the petitioner is willing to furnish the bank guarantee for the seized stock, appropriate samples can be taken by the 3rd respondent from the seized stock for the purpose of further proceedings in the case, and the seized stock shall be released to the petitioner on furnishing bank guarantee for

the amount determined by the 3rd respondent. The same action shall be completed within a period of two weeks from the date of receipt of a copy of this order. However, the adulterated stocks cannot be considered for release. Accordingly, the writ petition is disposed of in terms of the order dated 13.10.2017 passed by this Court in WP.Nos.33892 and 34367 of 2017. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 08.11.2017 t k.