Disposed

Sri Jaya Prakash S/o. Challa Bala Surya, v. The State of Telangana

Telangana HC17 Dec 2015WP/40953/2015

Case brief

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What is this about?

The High Court disposed of a writ petition challenging the seizure of PDS rice and vehicles. It directed the respondents to release the seized items subject to the petitioners furnishing bank guarantees for the stock and vehicle values and keeping them alive during proceedings under Section 6A of the Essential Commodities Act.

What did the court decide?

Release of seized rice stock and three vehicles subject to furnishing bank guarantees for their value and keeping said guarantees alive till proceedings under Section 6A of the Essential Commodities A

Sri Jaya Prakash S/o. Challa Bala Surya, Vs The State of Telangana — Telangana HC (2015) — LawSathi Research

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THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO

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WRIT PETITION No.40953 of 2015

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ORDER :

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Petitioners in this Writ Petition assails the action of the 3^rd respondent in seizing stock of 142 quintals of suspected PDS rice, in total, of the 1^st petitioner from three vehicles i.e., TATA Goods auto bearing No.AP 02 TB 3128 of 2^nd petitioner, Bolero Goods Vehicle bearing No.AP 22 TA 7433 of 3^rd petitioner and Auto Trolley bearing No.AP 22 TA 2316 of 4^th petitioner under a panchanama dt.25.11.2015 and not considering the petitioners’ application for releasing the same on their furnishing bank guarantee.

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2. The learned Government Pleader for Civil Supplies appearing for respondents states that the respondents have no objection for release of the seized stock of rice as well as three vehicles if the petitioners are willing to give a bank guarantee for the value of the seized stock of rice as well as the vehicles as assessed by the 2^nd respondent and keeping the said bank guarantee alive during the pendency of proceedings under Section 6A of the Essential Commodities Act, 1955 (for short ‘the Act’) against the petitioners.

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3. In view of the said submission, the Writ Petition is disposed of directing the respondents to release the seized stock of 142 quintals of rice in total of the 1^st petitioner as well as TATA Goods auto bearing No.AP 02 TB 3128, Bolero Goods Vehicle bearing No.AP 22 TA 7433 and Auto Trolley bearing No.AP 22 TA 2316 of petitioners 2 to 4 subject to their furnishing bank guarantee for their value as assessed by the 2^nd respondent and subject to the petitioners keeping the said bank guarantees alive till the proceeding under Section 6A of the Act concludes. Further petitioners 2 to 4 shall produce documents proving their ownership of the vehicles and shall not alienate or encumber the said vehicles, during the pendency of proceedings under Section 6A of the Act. There shall be no order as to costs.

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4. Consequently, miscellaneous petitions pending, if any, in this Writ Petition shall

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stand closed.

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M.S.RAMACHANDRA RAO, J

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17^th December, 2015

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gra

Sri Jaya Prakash S/o. Challa Bala Surya, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri Jaya Prakash S/o. Challa Bala Surya, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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