Andhra Pradesh High Court - Amravati
Yanekapati Gangadhar Rao vs The State Of Andhra Pradesh on 11 November, 2024
APHC010483752024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY ,THE ELEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 25022/2024
Between:
Yanekapati Gangadhar Rao ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. Alapati Vivekananda
Counsel for the Respondent(S):
1. GP FOR CIVIL SUPPLIES
The Court made the following:
ORDER:
This Writ Petition under Article 226 of Constitution of India is filed for the
following relief:
"to
to issue an appropriate order,
order direction or Writ more particularly one in
the nature of the Writ of Mandamus declaring the action of 3rd
Respondent/Collector
tor, (CS), Ongole who order to release vehicle
bearing No AP39UL1861 to petitioner on furnishing of bank guarantee
of Rs.4,50,000/- (Rupees
Rupees Four Lakh Fifty Thousand Only) through his
proceedings dated 20
20.9.2024 in RC CS1/6A/52/2024 iss wholly illegal,
illegal
arbitrary and opposed to the Judgment of this Honble Court in
W.A.No.201/2022 dated
ated 15.2.2024
2024 reported in 2022 SCC Online AP
348 and also mandatory provisions of Control Orders and also violate of
principless of natural justice and without jurisdiction and set aside the
BSB, J
proceedings of 3rd respondent/collector (CS),Ongole, dated 20.9.2024
in RC CS1/6A/52/2024 and consequently to direct the respondents to
release the vehicle bearing No AP39UL1861 to the petitioner and pass
such other relief or reliefs .........."
2. The case of the petitioner is briefly as follows:
On 07.07.2024 the driver of lorry of the petitioner accepted to transport
the rice bags of agricultural farmers of Ammanabrolu village to Ongole town,
but the Food Inspector, Naguluppalapadu detained the lorry and came to
hasty conclusion that the load of rice is PDS rice and seized the stock and the
vehicle. The petitioner filed an application before the 3rd respondent on
28.08.2024 for the release of the vehicle that is lorry bearing number AP 39UL
1861. The impugned order was passed by the 3 rd respondent on 20.09.2024
directing the petitioner to furnish bank guarantee for Rs.4,50,000/- from any
nationalized bank valid for a period of three years. The order is illegal since
there is no proof that the seized stock is PDS rice and consequently the
petitioner had no knowledge of the transport of the said commodity and the
petitioner is poor and unable to furnish the bank guarantee for the value
directed. Hence, this writ petition is filed.
3. The learned counsel for the petitioner submitted that the condition for
release of the vehicle may be modified for furnishing immovable property of
the 3rd party as security. Basing on the written instructions of the 3rd
respondent dated 16.10.2024 the learned Assistant Government Pleader
opposed the petition, re-iterating the observations in the impugned order. The
vehicle was seized in the first week of July, 2024 and till now it is in the
custody. The fact is that the petitioner is unable to get the release of the
vehicle inspite of the order passed in September, 2024. It is clear that the
petitioner is unable to furnish the bank guarantee as directed. As such, it is fit
case to modify the condition.
BSB, J
4. In the result, the writ petition is allowed. The direction to furnish bank
guarantee for Rs.4,50,000/- in the impugned order dated 20.09.2024 passed
by the 3rd respondent in Rc.CS1/6A/52/2024 is modified to furnish immovable
property as security for the same value to the satisfaction of the 3rd
respondent. Upon such acceptance, the 3rd respondent shall inform the same
to the Registrar/Sub-Registrar.
There shall be no orders as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in this writ
petition shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Dated 11.11.2024
Note
CC by 15.11.2024
GRL
BSB, J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:25022 of 2024
Date: 11.11.2024
Note
CC by 15.11.2024
GRL
