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High CourtsSingle Bench(2022) 11 AP CK 0031

M.Suresh Kumar vs State Of Andhra Pradesh & Others

Andhra Pradesh High Court · Decided on 17 November 2022

HON’BLE JUDGES
Battu Devanand, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 29514 Of 2022

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Judgment

10 paragraphs · 328 words

Battu Devanand, J

1) Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record.

2) Having heard the respective counsel and upon perusal of the material available on record, it is an admitted fact that subsequent to the seizure of the rice and vehicle, a proceedings under Section 6-A are initiated before the 3rd Respondent, who is the competent authority. The illegality and validity of the seizure has to be decided by the 3rd Respondent in 6-A proceedings. This Court is not inclined to interfere into the 6-A proceedings.

3) However, considering the facts and circumstances of the case and in the light of the latest order passed by a Division Bench of this Court in Onteru Bhaskar vs. State of Andhra Pradesh, represented by its Principal Secretary, Civil Supplies Department and others 2022 SCC OnLine AP 348 in our considered opinion, it is appropriate and reasonable to direct the respondents to release the seized vehicle in favour of the petitioner on imposing certain condition, to protect the interest of the Respondents, pending disposal of the 6-A proceedings.

4) Accordingly, the writ petition is disposed of with the following directions:

i) The Order passed by the Respondent No.3 in R.C.No.SSSD/K/3/78/2022, dated 26.08.2022 is hereby set aside; and

ii) The Respondents shall release the Lorry bearing No. AP 39 TT 3478 seized pursuant to the Mahazarnama Dated 29.07.2022, in favour of the Petitioner on condition of furnishing personal or third party immovable security property equivalent to the value of the seized stock in the said vehicle, within a period of two (02) weeks from the date of receipt of a copy of this order.

iii) The petitioner shall submit an undertaking stating that the seized vehicle shall not be alienated or mortgaged during pendency of the 6-A Proceedings.

5) There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any pending, shall stand closed.