Sreenu v. The State Of Telangana

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.39573 OF 2017 O R D E R :

The petitioner claims to be the owner of Indica Vista Car bearing No.AP 20 AT 4442 and the same was taken on hire for transportation of the rice. While the said vehicle was proceeding from Molkalapalli to Jangareddygudem, the 3rd respondent intercepted the vehicle and seized the same alleging that it is carrying PDS rice. Thereafter, the petitioner made an application dated 06.11.2017 to the 2nd respondent for release of the vehicle, but till date no orders are passed. Aggrieved by the action of the 2nd respondent in not releasing the petitioner's vehicle, present writ petition is filed. Learned counsel for the petitioner submits that the petitioner just hired the vehicle and he is not aware that the rice is transporting is meant for PDS and there is no distinction between PDS rice and other rice.

Since the application submitted by the petitioner for release of the vehicle is stated to be pending before the 2nd respondent, the 2nd respondent is directed to consider the application of the petitioner dated 06.11.2017 for release of the vehicle, on condition of the petitioner furnishing Bank Guarateee to the satisfaction of the 2nd respondent. However, the same will be subject to further orders passed under Section 6 A of the Essential Commodities Act.

Accordingly, the writ petition is disposed of. 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 23.11.2017 Note: Issue CC in two days.

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