Thuraka Srinivasulu vs The State Of Andhra Pradesh
2022 Latest Caselaw 8383 AP

     THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                       Writ Petition No.35953 of 2022

ORDER:

Aggrieved by the condition imposed by the 3 rd respondent - The

Collector (CS), Prakasam District, Ongole, in his proceedings dated

25.10.2022, to furnish Bank Guarantee for an amount of

Rs.3,00,000/-, towards the value assessed by the concerned authority

for the vehicle bearing Registration No.AP 39 TT 8095 that was seized

in connection with proceedings under Section 6-A of the Essential

Commodities Act, 1955, to release the seized vehicle, this Writ Petition

under Article 226 of the Constitution of India is filed by the petitioner.

2) Heard learned counsel for the petitioner and the learned

Government Pleader for Civil Supplies and perused the material

available on record.

3) At the time of hearing of this Writ Petition, both the learned

counsel for the petitioner and the learned Government Pleader for Civil

Supplies appearing for respondents, would submit that this is a

covered matter and when similar condition was imposed for release of

the vehicle and the same was questioned before this Court in

W.P.No.32429 of 2022, relying on the Division Bench judgment of this

Court in Onteru Bhaskar vs. State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department1, this Court

allowed the said Writ Petition on 30.09.2022, and directed the

respondents to release the seized stock and seized vehicles therein on

condition of furnishing immovable property as security for release of

the seized stocks and vehicles. Therefore, they would submit that the

petitioner herein is also entitled to the similar order.

4) Therefore, in view of the aforesaid order of this Court in

W.P.No.32429 of 2022, dated 30.09.2022, this Writ Petition is

allowed. The above condition is accordingly modified and the

petitioner herein is directed to furnish his or third party immovable

property for Rs.3,00,000/- towards value of the vehicle that was

seized, as security for release of the said vehicle, which is equivalent

to the value of the Bank Guarantee mentioned above, within a

period of one (1) week from the date of receipt of a copy of this order.

The petitioner shall submit an undertaking stating that the seized

vehicle will not be alienated or mortgaged during pendency of the 6-A

proceedings.

The miscellaneous petitions pending, if any, shall also stand

closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:07.11.2022.

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