Allowed

P.Lakshmi v. The Tashildar

Telangana HC18 Jan 2013WP/1036/2013

Case brief

AI extract

What is this about?

This writ petition sought release of an owner's lorry and seized rice paddy diverted by a tahsildar during verification under food grain licensing orders. The court directed the release of the vehicle upon furnishing a bank guarantee and undertaking, while prohibiting the sale of seized stock for three months.

What did the court decide?

Directed release of lorry No. ATN 455 subject to bank guarantee and undertaking; directed non-sale of seized stock for three months; expedited enquiry.

P.Lakshmi Vs The Tashildar — Public Procurement and Tenders | Telangana HC (2013)

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HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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WRIT PETITION No.1036 OF 2013

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ORDER:

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Petitioner No.1 claims to be the owner of Lorry bearing No.ATN 455. Petitioner No.2 is proprietor of M/s. Bismilla General Traders having food grain licence issued by the District Supply Officer. The vehicle along with load of 100 quintals of rice came to be seized by the Tahsildar, Bantumilli Mandal, Krishna District-first respondent on 1612-2012. It is alleged that the second petitioner violated the Andhra Pradesh Scheduled Commodities Dealers (Licensing, Storage and Regulation) Order, 2008 and A.P.Rice Procurement Levy Order, 1984. The petitioners filed petition before the Joint Collector, Krishna District at Machilipatnam-second respondent for release of the lorry as well as 100 quintals of rice. There being no orders passed on the application, the petitioners approached this court seeking necessary direction to the Tahsildar, Bantumilli Mandal-first respondent, for release of the lorry as well as 100 quintals of rice.

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Heard learned counsel appearing for the petitioners and learned Government Pleader for Civil Supplies appearing for the respondents 1 to 3.

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

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Having considered the facts and circumstances, I am inclined to direct the Station House Officer, Bantumilli Police Station-third

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respondent, to release the vehicle bearing No.ATN 455 to the petitioners for interim custody pending disposal of the 6-A proceedings before the Joint Collector, Krishna District at Machilipatnam subject to the following conditions.

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1. The first petitioner shall furnish bank guarantee for Rs.1,00,000/- to the satisfaction of the Joint Collector, Krishna District at Machilipatnam.

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2. The first petitioner shall place on record an undertaking before the Joint Collector, Krishna District at Machipatnam that she shall not alienate or alter the physical features of the vehicle bearing No. ATN 455.

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3. The first petitioner shall also give an undertaking to produce the vehicle before the Joint Collector, Krishna District at Machilipatnam as and when required. There shall be direction to the Tahsildar, Bantumilli Mandal-first respondent, not to sell the seized stock for a period of three months. The second respondent is directed to complete the enquiry in 6-A proceedings as expeditiously as possible, preferably, within a period of three months.

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Accordingly, the writ petition is disposed of.

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

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_________________

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JUSTICE B. SESHASAYANA REDDY

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18^th January 2013 Note: Issue CC by Monday. B/o. rkk/gkv

P.Lakshmi v. The Tashildar

Case brief

What is this about?

What did the court decide?

P.Lakshmi v. The Tashildar

Case brief

What is this about?

What did the court decide?

What the court decided

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