WRIT PETITION No.10430 of 2025

ORDER

The Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in seizing the petitioner’s vehicle i.e., Ashok Leyland Goods Carrier (HMV) bearing No.AP-16- TY-6758 on the ground of carrying PDS rice in connection with Crime No.70 of 2025 on the file of Konijerla Police Station, Khammam District, as illegal and arbitrary.

2. Heard learned counsel for the petitioner, learned Government Pleader for Civil Supplies appearing for respondents No.1 to 4 and learned Government Pleader for Home appearing for respondent No.5 and perused the entire material on record.

3. Learned counsel for the petitioner submitted that in similar circumstances, this Court disposed of W.P.No.657 of 2024 on 09.01.2024 and directed the respondents therein to release the vehicle with some conditions and requested to pass similar order.

4. Learned Government Pleader for Civil Supplies as well as the learned Government Pleader for Home has not disputed the submission made by the learned counsel for the petitioner.

5. In view of the above submissions, this Writ Petition is disposed of directing the respondents to release the vehicles i.e., Ashok Leyland Goods Carrier (HMV) bearing No.AP-16-TY-6758 subject to the petitioner furnishing bank guarantee by way of fixed deposit for a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of respondent No.2 and also furnishing undertaking that he will not alienate the subject vehicle or alter its nature or create any encumbrance on it. The release of the vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955. There shall be no order as to costs. 6. Miscellaneous applications, if any, pending in this writ petition, shall stand closed.

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WRIT PETITION No.10430 of 2025