Allowed

Smt.P.Sasi Lakshmi v. The District Collector (Cs)

Telangana HC10 Dec 2012WP/37816/2012

Case brief

AI extract

What is this about?

Justice R.Subhash Reddy directed the release of the petitioner's seized lorry, carrying pulses, under Section 6-A of the Essential Commodities Act, 1955. The order mandates furnishing a bank guarantee and prohibits alienation of the vehicle, directing enforcement officers to complete the enquiry within three months.

What did the court decide?

Direction to respondents to release the seized lorry on condition of furnishing a bank guarantee for Rs.2 lakhs and an undertaking against alienation.

Smt.P.Sasi Lakshmi Vs The District Collector (Cs) — Telangana HC (2012) — LawSathi Research

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HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.37816 of 2012

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ORDER:

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This Writ Petition is filed for a writ of Mandamus declaring the action of the respondents in seizing the petitioner’s lorry bearing registration No.AP-05-W-2849 and initiating the proceedings under Section 6-A of the Essential Commodities Act, 1955 (for short ‘the Act’), as illegal and arbitrary.

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In the said vehicle, when the petitioner was transporting pulses viz., orid dal, orid rounds, black gram, Bengal gram dal, Bengal gram and peas, the said stocks along with the said vehicle was seized on 29.11.2012 by the respondents alleging that there is variation in the stocks of the pulses in between the bills and the stocks in the vehicle.

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It is the case of the petitioner that when he approached the respondents seeking to release the said vehicle, he was asked to furnish a bank guarantee for Rs.2 lakhs. The grievance of the petitioner is that though he arranged the bank guarantee for Rs.2 lakhs, the respondents are not releasing the vehicle in question.

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

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Though the very seizure of the said vehicle is questioned on the ground that there is no violation of any

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of the provisions of the A.P. Scheduled Commodities (Licensing, Storage and Regulation) Order, 2008, by the petitioner, who is the owner of the vehicle, but it is a matter for enquiry under Section 6-A of the Act. The petitioner has filed a copy of the report, under Section 6-A (1) of the Act, submitted by the inspecting authorities to the first respondent

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From a perusal of the said report, it is clear that inspection of the vehicle in question was made by the Vigilance and Enforcement Officers along with the Civil Supplies Officers, on the instructions of the Regional Vigilance and Enforcement Officer, Eluru, on 29.11.2012 and they noticed certain variations in the stocks of dals between the bills and the stocks in vehicle. Primarily, it is to be noticed that the stocks were being carried under way bills, as such, if there are any variations, it is for the dealer to explain for such variations. The petitioner is merely the owner of the vehicle in question transporting the stocks belonging to one M/s Pattabhi Rama Parcel Services, Vijayawada. In any event, it is stated that the vehicle in question is kept idle from the date of its seizure on 29.11.2012. Having regard to the allegations made against the petitioner, I deem it appropriate to dispose of the Writ Petition directing the respondents to release the lorry bearing registration No.AP-05-W-2849 to the petitioner, on condition of the petitioner furnishing a bank guarantee for Rs.2 lakhs (Rupees two lakhs only) in favour of the officer concerned. The petitioner shall also

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furnish an undertaking that he will not alienate or transfer the said vehicle to third parties pending enquiry under Section 6-A of the Act. Further, the respondents are directed to complete the enquiry under Section 6-A of the Act, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

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Subject to the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

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__________________________ JUSTICE R.SUBHASH REDDY 10^th December 2012 Note: Issue CC in three days. B/o DR

Smt.P.Sasi Lakshmi v. The District Collector (Cs)

Case brief

What is this about?

What did the court decide?

Smt.P.Sasi Lakshmi v. The District Collector (Cs)

Case brief

What is this about?

What did the court decide?

What the court decided

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