THE HON'BLE MS JUSTICE J.UMA DEVI
WRIT PETITION No.2235 OF 2021
ORDER:
Petitioner seeks to issue writ of Mandamus declaring the action of the 2nd respondent-District Collector in passing order in Rs.CS1/6A/198/2020 dated 02.01.2021, contrary to the second proviso to Sub-section (1)(c) of Section 6A of the Essential Commodities Act, 1955 (for short, "the Act") as illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently modify the order passed in Rs.CS1/6A/198/2020 dated 02.01.2021, in terms of proviso to Sub-section (1)(c) of Section 6A of the Act, the present writ petition is filed.
Heard the submissions of the learned counsel for the petitioner and also the submissions of the learned Assistant Government Pleader for Civil Supplies.
Petitioner claims that he is the owner of the vehicle bearing No.A.P.07 TF 6916. As per the information given to him by his driver that his vehicle is engaged by two strangers to transport the rice from Ulavapadu to Singarayakonda on hire basis for an amount of Rs.1,500/-, believing the version of those two persons, he agreed to transport the same. While the rice is being transported to Singarayakonda in his vehicle, it is intercepted by the police and during that time, it is brought to the notice of his driver that those strangers are trying to divert the P.D rice to black market. After seizure of the vehicle by the police, an application is made by the petitioner before the District Collector-2nd respondent for release of his vehicle and that the District Collector-2nd 2 respondent while ordering for release of the vehicle in favour of the petitioner imposed the condition of furnishing bank guarantee for a sum of Rs.2,50,000/- issued by a nationalised bank pending finalisation of the 6-A proceedings. As the condition imposed is onerous and is against the second proviso to Sub-section (1) (c) of Section 6A of the Act and the known legal precedents, he has come up with the present writ petition seeking to modify the order of imposing condition to furnish bank guarantee for a huge amount of Rs.2,50,000/- or to pass any such order which the Court deems fit and proper in the circumstances of the case.
During the course of hearing, the learned counsel for the petitioner has placed the order dated 30.12.2020, passed by this Court in W.P.No.25517 of 2020 where an order for release of the vehicle is made in similar circumstances on the condition of furnishing bank guarantee equivalent to the worth of the seized stock. He has also placed reliance on the judgment of the Division Bench of this Court reported in G. Subbarama Naidu vs. The Joint Collector, Chittoor1 where an order for release of the vehicle is made giving a direction to the Joint Collector to release the lorry of the petitioner therein on his submitting the security equivalent to the seized essential commodities to the satisfaction of the Joint Collector etc., etc. Having regard to the fact that the petitioner's case is similar to the case in Writ Petition No.25517 of 2020 and the judgment of the Division Bench referred to above, this Court deems it appropriate to dispose of the present writ petition itself by passing the following order:
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AIR 1986 AP 82 3 The 2nd respondent-District Collector is directed to release the petitioner's vehicle bearing No.A.P.07 TF 6916 on condition of his furnishing the bank guarantee for worth of seized stock mentioned in the impugned order 02.01.2021, in terms of second proviso to Sub-section (1)(c) of Section 6A of the Act.
With the above direction, the writ petition is disposed of. No order as to costs.
Miscellaneous petitions, if any, pending in this petition shall also stand closed.
__________________ J.UMA DEVI,J Date:01.02.2021 Gk.
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THE HON'BLE MS JUSTICE J.UMA DEVI 23 WRIT PETITION No.2235 OF 2021 Date:01.02.2021 Gk