Sana Venkateswarulu vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Civil Supplies)
Before:
Hon'ble Battu Devanand
Listed On:
27 Sept 2022
Original Order Copy
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Order Text
THE HON'BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.31762 of 2022
O R D E R:
Heard learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and perused the material available on record.
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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 6A are initiated before the 2nd Respondent, who is the competent authority. The illegality and validity of the seizure has to be decided by the 2nd Respondent in 6A proceedings.
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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<sup>1</sup> in our considered opinion, it is appropriate and reasonable to direct the 2nd Respondent to release the seized vehicle in favour of the
1
<sup>1</sup> 2022 SCC OnLine AP 348
petitioner on imposing certain condition, to protect the interest of the Respondents, pending disposal of the 6A proceedings.
- Accordingly, the writ petition is disposed of with the following directions:
(i) The interim disposal order in Rc.No.K3/251/2022, dated 23.05.2022, issued by the 2nd Respondent is hereby set aside.
(ii) The Respondents shall release the lorry bearing No.AP03TE6727 seized pursuant to the panchanama, dated 30.03.2022, 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.
- There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, shall stand closed.
______________________ JUSTICE BATTU DEVANAND
Dt.27.09.2022.
Issue CC today. ASH
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THE HON'BLE SRI JUSTICE BATTU DEVANAND
W.P.No.31762 of 2022
Dt.27.09.2022
Issue CC Today ASH