D.Rambabu vs. The Joint Collector

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

WRIT PETITION No. 6310 OF 2012

O R D E R :

This Writ Petition can be disposed of right at this stage as consented to by the learned Government Pleader for Civil Supplies.

The writ petitioner herein claims to be the owner of a truck bearing Registration No. AP 20TA 6706. While it was carrying on 29 drums of diesel unauthorizedly, the Inspector of Police, Aswapuram, Khammam District has intercepted the said vehicle on 14.10.2011 at 08.00 a.m. and seized the same. It is now claimed that the value of the diesel that was seized comes to Rs.2,70,686/-. Since the value of the truck is less than the value of the seized goods, the petitioner has furnished a bank guarantee in a sum of Rs.2,71,000/- obtained from the State Bank of Hyderabad, Aswapuram on 17.11.2011 and furnished the same. He also moved an application before the 1 st respondent Joint Collector, Khammam to release the vehicle. Since no orders are passed thereon, the present Writ Petition is moved.

Pending further consideration of the proceedings, when once the petitioner has produced a bank guarantee drawn on a nationalized bank in a sum of Rs.2,71,000/- which represents the total value of the seized high speed diesel oil, the truck bearing Registration No. AP 20TA 6706 ought to have been released to the writ petitioner duly directing him not to alienate the said vehicle till the enquiry into the matter is completed and to keep it in good running condition till then. The petitioner can be directed to keep the bank guarantee alive till such time the enquiry initiated against him is completed in all respects.

Therefore, the Joint Collector, Khammam is directed to accept the bank guarantee said to have been issued by the writ petitioner on

State Bank of Hyderabad, Aswapuram, drawn in a sum of Rs.2,71,000/- and subject to the said bank guarantee being kept alive by the petitioner till such time the enquiry initiated against him is completed, the truck bearing Registration No. AP 20TA 6706 be released forthwith. The petitioner shall not alienate or dispose of the truck bearing Registration No. AP 20TA 6706 and shall keep the same in good running condition attending to its repairs and maintenance regularly and periodically.

With this, the Writ Petition stands disposed of. No costs.

Consequently, the miscellaneous petitions, if any shall stand disposed of.

(NOOTY RAMAMOHANA RAO, J)

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7 th March 2012

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