violated Clause 16 of Andhra Pradesh State Public Distribution System (Control) Order, 2008. = The vehicle along with load of 170 quintals of rice came to be seized by the second respondent on 24-12-2012. - seeking necessary direction to the Collector (Civil Supplies), Rangareddy District, Hyderabad-first respondent, for release of the lorry.= I am inclined to direct the Collector (Civil Supplies), Rangareddy District, Hyderabad-first respondent, to order for release the vehicle bearing No.AP 29 TA 6003 to the petitioner for interim custody pending disposal of the 6-A proceedings

HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

WRIT PETITION No.1008 OF 2013

ORDER:  

The petitioner claims to be the owner of Lorry bearing No.AP 29 TA 6003.  

The vehicle along with load of 170 quintals of rice came to be seized by the second respondent on 24-12-2012.  

It is alleged that the petitioner violated Clause 16 of Andhra Pradesh State Public Distribution System (Control) Order, 2008. 

The petitioner filed petition before the Collector (Civil Supplies), Rangareddy District, Hyderabad-first respondent for release of the lorry.  There being no orders passed on the application, the petitioner approached this Court seeking necessary direction to the Collector (Civil Supplies), Rangareddy District, Hyderabad-first respondent, for release of the lorry.

Heard learned counsel appearing for the petitioner and learned Government Pleader for Civil Supplies appearing for the respondents. 

          It is contended by learned counsel appearing for the petitioner that the petitioner is prepared to furnish bank guarantee of Rs.1,00,000/- for release of vehicle pending 6-A proceedings before  the first  respondent. 

Having considered the facts and circumstances, I am inclined to direct the Collector (Civil Supplies), Rangareddy District, Hyderabad-first respondent, to order for release the vehicle bearing No.AP 29 TA 6003 to the petitioner for interim custody pending disposal of the 6-A proceedings subject to the following conditions. 

1.       The petitioner shall furnish bank guarantee for Rs.1,00,000/- to the satisfaction of the Collector (Civil Supplies).

2.       The petitioner shall place on record an undertaking before the Collector (Civil Supplies), Rangareddy District, Hyderabad-first respondent that he shall not alienate or alter the physical features of the vehicle bearing No. AP 29 TA 6003.

3.       The petitioner shall also give an undertaking to produce the vehicle before the Collector (Civil Supplies), Rangareddy District, Hyderabad-first respondent as and when required. The first respondent is directed to complete the enquiry in 6-A proceedings as expeditiously as possible, preferably, within a period of three months. 

Accordingly, the writ petition is disposed of.

          The miscellaneous petition filed in this writ petition shall also stand disposed of.  There shall be no order as to costs.

                      ___________________________­­­__________

JUSTICE B. SESHASAYANA REDDY

18^th January 2013

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